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ARIJIT PASAYAT, RUMA PAL, DORAISWAMY RAJU, N.S.HEGDE, S.S.M.QUADRI, R.C.LAHOTI, S.P.BHARUCHA
P. Ramachandra Rao – Appellant
Versus
State of Karnataka – Respondent


Counsel for the Parties :
For the Appearing Parties :R.N. Trivedi, Additional Solicitor Geneal, Subodh Markandeya, Parag P. Tripathi, Ranjit Kumar, Sr. Advocates, P. Parmeswaran, Manish Singhvi, Advocate for Attorney General for India, Ms. Binu Tamta, Varun Goswami, S. Muralidhar, S. Vallinayagam, Shreyas Jaisimha, V.B. Joshi, Ravi Kini, A.V.L. Ram Prasad Varma, A.P. Singh, Ms. Umang Dara, Nikhil Nayyar, Mrs. Urmila Sirur, Sanjay R. Hegde, Satya Mitra, Ms. Priya Hegde, Vikrant Yadava, A. Mariarputham, Mrs. Aruna Mathur, G. Prabhakar, Advocate (NP), Mrs. H. Wahi, Ranjan Mukherjee, Ms. Rachana Srivastava, Ravindra Shrivastava, Advocate General for Chattiasgarh, Prakash Shrivastava, Anil Kumar Jha, Mrs. Alka Jha, Tarachandra Sharma, Rajedv Sharma, Ms. Neelam Sharma, Ajay Sharma, Rupesh Kumar, Ramesh Babu, M.R., Ashok Potshangbam, K.H. Nobin Singh, Inderbir Singh Alag, Rajeev Sharma, R.P. Goel, Advocate General for U.P., Ms. Chitra Markandeya, Ms. Feroza Bano, Ms. Vibha Dutta Makhija, Ms. Bharti Tyagi, Rohit Kumar Singh, S.K. Agnihotri , S.S. Shinde, S.V. Deshpande, Ms. Krishna Sarma, Ms. Asha G. Nair, V.K. Sidatharan, Ms. A. Subhashini, J.M. Khanna, Guntur Prabhakar, Advocates.

Judgment

R.C. Lahoti, J. - No person shall be deprived of his life or his personal liberty except according to procedure established by law - declares Article 21 of the Constitution. Life and liberty, the words employed in shaping Article 21, by the Founding Fathers of the Constitution, are not to be read narrowly in the sense drearily dictated by dictionaries; they are organic terms to be construed meaningfully. Embarking upon the interpretation thereof, feeling the heart-throb of the Preamble, deriving strength from the Directive Principles of State Policy and alive to their constitutional obligation, the Courts have allowed Article 21 to stretch its arms as wide as it legitimately can. The mental agony, expense and strain which a person proceeded against in criminal law has to undergo and which, coupled with delay, may result in impairing the capability or ability of the accused to defend himself have persuaded the constitutional courts of the country in holding the right to speedy trial a manifestation of fair, just and reasonable procedure enshrined in Article 21. Speedy trial again, would encompass within its sweep all its stages including investigation, inquiry, trial, app

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