Bihar Court Orders Release of Under-Trial Prisoners, Emphasizes Speedy Trials and Legal Aid

The Court directed the State of Bihar to comply with its direction to file a revised chart of under-trial prisoners and ensure periodic production before Magistrates. It ordered the immediate release of under-trial prisoners detained beyond the maximum sentence, emphasizing the need for legal aid for those unable to secure bail. The Court stressed the importance of speedy trials and the State's obligation to provide justice, scheduling final disposal of the petition and inviting the Supreme Court Bar Association to assist.

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Issues Involved:

1. Compliance with Court Directions on Under-trial Prisoners
2. Periodic Production of Under-trial Prisoners Before Magistrates
3. Prolonged Detention Beyond Maximum Sentence
4. Legal Aid for Under-trial Prisoners
5. Speedy Trial and State's Constitutional Obligation

Summary:

1. Compliance with Court Directions on Under-trial Prisoners:
The Court noted that the State of Bihar had not yet complied with its direction to file a revised chart showing a year-wise break-up of under-trial prisoners categorized into minor and major offenses. The Court directed the State to file this revised chart within three weeks. The Court also noted that steps were being taken to transfer women under "protective custody" from jails to welfare institutions.

2. Periodic Production of Under-trial Prisoners Before Magistrates:
The Court found the affidavits filed by the State of Bihar unsatisfactory in confirming whether under-trial prisoners were periodically produced before Magistrates as required by the proviso to section 167(2) of the CrPC. The Court directed the State to provide specific dates of remand orders for certain under-trial prisoners to ensure compliance with the legal requirement.

3. Prolonged Detention Beyond Maximum Sentence:
The Court expressed concern over under-trial prisoners being detained for periods longer than the maximum sentence they could receive if convicted. The Court directed the immediate release of such prisoners, terming their continued detention as illegal and a violation of their fundamental right under Article 21 of the Constitution.

4. Legal Aid for Under-trial Prisoners:
The Court highlighted the need for a comprehensive legal service program to provide free legal aid to under-trial prisoners, especially those charged with bailable offenses but unable to secure bail due to poverty. The Court directed the State to provide lawyers at its own cost for such prisoners to make bail applications. The Court emphasized that free legal services are an essential element of "reasonable, fair, and just" procedure under Article 21.

5. Speedy Trial and State's Constitutional Obligation:
The Court reiterated that speedy trial is an essential ingredient of "reasonable, fair, and just" procedure guaranteed by Article 21. The Court directed the State to furnish details of pending cases and reasons for delays in trials and investigations. The Court emphasized that financial constraints cannot justify the denial of the right to a speedy trial and that the State must take necessary measures to ensure this constitutional right. The Court also called for a dynamic and comprehensive legal service program to ensure justice for the poor and marginalized.

The writ petition was scheduled for final disposal on 4th April 1979, with the Supreme Court Bar Association invited to assist the Court.

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