Right to Speedy Trial Prevails Over Gravity of Offence; Bail Must Be Considered When Article 21 Infringed: Supreme Court
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
In the instant case, the petitioner was in jail for almost 4 years, but not a single witness was examined.
“The arrest made before the registration of FIR, on the basis of illegal telephone tapping and unauthorized search and seizure, held to be illegal and unconstitutional.”
The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.
Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.
“After today, young women will come of age with fewer rights than their mothers and grandmothers had”.
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