Speedy Trial - Constitutional Right

Published on 30 Mar 2025

• The Supreme Court recently granted bail to an undertrial prisoner facing charges under the Unlawful Activities(Prevention) Act, 1967(UAPA), the anti-terror law of India.

• The SC held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy trial has been infringed (irrespective of the severity of the alleged crime).

• SC in the past had been reluctant in the past in giving bail in anti-terror laws.

• In Hussainara Khatoon v. State of Bihar (1979), the SC pointed out that speedy trial is a fundamental right of an accused person implicit in Article 21 of the Constitution.

Keywords:

Speedy Trial Constitutional Right fundamental right FR article 21 Hussainara Khatoon v. State of Bihar hussainara khatoon