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2002 Supreme(Ker) 267

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


Judgement Key Points

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Judgment :-

1. No person shall be deprived of his life or his personal liberty except according to procedure established by law - declares Art.21 of the Constitution. 'Life and Liberty', the words employed in shaping Art.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 Art.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 Art.21. Speedy trial, again, would encompass within its sweep all its stages including investigation, inquiry, trial, appeal, revision and re-trial



































































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