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1995 Supreme(MP) 708

A.M.AHMADI, B.L.HANSARIA, S.C.SEN
Hussainara Khatoon – Appellant
Versus
Home Secy. Bihar – Respondent


JUDGMENT

A large number of criminal writ petitions, many of them based on letters, were grouped together as petitions by undertrial prisoners and certain orders were passed from time to time for the release of certain prisoners on bail on their executing personal bonds for appearance without any monetary obligations. A detailed order was passed on 12.2.1979 by a Division Bench of this Court on a habeas corpus petition filed in regard to the state of affairs in Bihar. This was followed by orders passed from time to time which have been reported as "Hussainara Khatoon, Re (1980) 1 SCC; (1980) 1 SCC 91; (1980) 1 SCC 93; (1980) 1 SCC 98; (1980) 1 SCC 108 and (1980) 1 SCC 115". Guidelines have been laid down in these orders in regard to the release of undertrials who are found to be languishing in jails for want of expeditious disposal of pending cases. Now Criminal Miscellaneous Petition No. 5660 of 1993 has been filed seeking certain general orders on the basis of guidelines culled out from the said orders, namely, for undertaking an inquiry in regard to the question of setting up of additional Courts in every State, providing investigating agencies with more experts, simplifying the


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