TaxTMI 
TaxTMI 
TaxTMI 
1981 (5) TMI 135
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....ed after a trial which was denied to them for a period of 8 years. Their acquittal highlights the tremendous amount of misery and suffering which these four young boys who have been ultimately found to be innocent must have undergone in jail for a period of 8 years without anyone being there to look after them, or to take care of their interest. We are indeed thankful to Dr. Miss Vasudha for having drawn our attention to the unfortunate case of these four Petitioners. Now ordinarily, we would not have proceeded further with the matter after the immediate relief which was sought by the Petitioners was obtained and they were acquitted but the statements which have been placed before us by the State of Bihar and the High Court disclose an alar....
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....ticulars of the prisoners whose cases have been committed to the Courts of session prior to 31st December, 1976 and whose trials have not yet commenced. Mr. Mudgal has prepared such a list from the record furnished to us by the State Government and the High Court and we find from the list that 313 prisoners are rotting in jail awaiting trial though their cases have been committed to the Court of session prior to 31st December, 1976, this list also includes a large number of prisoners whose cases have been committed even prior to 31st December, 1974. It is incomprehensible to our mind as to how sessions cases could remain pending in the sessions Court in the State of Bihar for 5 to 7 years after commitment. Mr. Mudgal has also prepared anoth....
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....n funds. So far as the prisoners awaiting commitment since prior to 31st Dec. 1976 are concerned, the Magistrates before whom their cases are pending will immediately proceed with the enquiry against them in accordance with law and complete the proceedings within three months from today. These prisoners also will be provided with legal aid if they are not represented by a lawyer of their choice and the State will make the necessary funds available to the Courts of Magistrates for this purpose. 2. We have already held in Hussainara Khatoon's case (AIR 1979 SC 1360) that speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and any accused who is denied this....
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.... taken by the High Court for establishing such additional Courts. If no steps have been taken so far; the High Court may immediately address a communication to the State Government stressing the need for creation of additional Courts and requesting the State Government to take necessary action for setting up such Courts and appointing Judges to man such Courts and the State Government, we are sure, will take the necessary steps for this purpose. We hope and trust that this exercise will be carried out and necessary steps in that behalf will be taken before the writ petition comes up for further hearing of the reopening of the Court after summer vacation. 3. We may also point out that in the statements which have been submitted to us by the....