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“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”
The Court issued specific direction to the Trial Court to expedite the hearing… particularly when the petitioner is languishing under incarceration for more than 8½ years.
“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”
The case involved commission of serious offences which led to the sentence of death penalty. However, the Supreme Court took strict note of the faulty investigation and faulty treatment of the DNA evidence that rendered the samples useless.
Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.
It is time to ensure that a convict who leaves the correction home/prison is restored to the society as a law-abiding citizen who has repented his past conduct. This can be achieved only if the mental health issues of the convicts in prisons are recognized and attended to, rejecting the notion that this view is too idealistic.