हुसैनआरा खातून (V) बनाम गृह सचिव, बिहार राज्य
| Citation | AIR 1979 SC 1360 |
| Court | Supreme Court of India |
| Date | 12 February 1979 |
| Year | 1979 |
| Bench | P.N. Bhagwati, R.S. Pathak, A.D. Koshal JJ. |
| Acts/Articles | Article 21, CrPC |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Right to speedy trial is a fundamental right under Article 21. Accused should be released on personal bond without sureties if they have community ties and no risk of absconding.
A habeas corpus petition revealed that thousands of men, women, and children were languishing in Bihar jails as undertrials for years — some for periods exceeding the maximum punishment for their alleged offences. Many were charged with trivial offences warranting only a few months’ imprisonment.
Justice Bhagwati’s landmark ruling established:
This is one of India’s most important PIL judgments. It established the right to speedy trial as a fundamental right for the first time. It led to the release of over 40,000 undertrials across India. The principle that “bail is the rule, jail the exception” continues to be the guiding norm. The mandatory bail provision in BNSS Section 479 traces its origin to this case.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.