The Supreme Court in HUSSAINARA KHATOON v. STATE OF BIHAR, AIR 1979 SC 1369 held that:
ARIGHT TO SPEEDY TRIAL is a fundamental right under Article 21; under-trial prisoners detained longer than maximum sentence are violated of constitutional rights — leading to release of thousands
Bunder-trial prisoners have no rights (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369) (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369)
Cdelay in trial is acceptable (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369) (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369)
Dspeedy trial is only for serious offences (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369) (cf. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369)
Answer & Solution
Correct answer: A. RIGHT TO SPEEDY TRIAL is a fundamental right under Article 21; under-trial prisoners detained longer than maximum sentence are violated of constitutional rights — leading to release of thousands
1. In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court considered the plight of UNDER-TRIAL PRISONERS in Bihar — many having been detained for years awaiting trial.
2. The Court (per Bhagwati J.) held: SPEEDY TRIAL is implicit in the broad sweep of Article 21.
3. The Court ordered: release of under-trials who had been detained for periods longer than the maximum sentence prescribed.
4. Speedy trial doctrine elaborated in subsequent cases: A.R. Antulay (1992) — 7-Judge Bench laid down guidelines; Common Cause v UoI (1996); Raj Deo Sharma (1998).
5. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369_
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