"Right to speedy trial of criminal offences" was recognised as implicit in the broad sweep and content of Article 21 of the Constitution of India, in the case of __________.

The Correct answer is Hussainara Khatoon v. Home Secretary, State of Bihar.

Key Points

• The case of Hussainara Khatoon v. Home Secretary, State of Bihar is a landmark judgment in the context of the right to a speedy trial in India.
• This case was decided by the Supreme Court of India in 1979.
• The petition was filed by a group of prisoners who were undertrials and had been in jail for longer than the maximum sentence they would have received if convicted.
• The Supreme Court held that the right to a speedy trial is an essential part of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
• The Court's decision emphasized that justice delayed is justice denied and that a speedy trial is necessary to prevent undue harassment and oppression of the accused.

 Additional Information

• Suk Das v. Union Territory of Arunachal Pradesh
  • This case dealt with the right to legal aid as part of a fair trial under Article 21.
  • The Supreme Court ruled that failure to provide legal aid to an accused at the state’s expense would invalidate the trial.
• Khatri v. State of Bihar
  • This case is also known as the Bhagalpur Blinding case and dealt with the issue of custodial torture.
  • The Supreme Court held that the right to free legal aid is fundamental and emphasized the duty of the state to provide it.
• Prem Shankar v. Delhi Administration
  • This case dealt with the issue of handcuffing undertrials and prisoners.
  • The Supreme Court held that handcuffing is prima facie inhuman and should be used only in exceptional circumstances.