A Vs. STATE

JUDGEMENT

(1.) Our attention has been drawn to a news item by Shabnam Minwalla appearing in Sunday Times of India of August 14, 1994, alleging that a good number of under-trial prisoners are "languishing in jail", though "not a proven criminal". The allegation is that good number of such under-trial prisoners are behind the bars for a considerable period of time without commencement of trial in respect of the offences with which they are charged. This, if proved, is extremely unfortunate and would amount to infraction of the Fundamental Rights of those persons as it is now well-settled that a "right to speedy trial" is very much a Fundamental Right guaranteed under Article 21 of the Constitution. Ms. Shabnam Minwalla, Feature Writer, has also appeared before us and has made her submissions.

(2.) We have taken a serious view of the matter and we accordingly direct that a Rule is issue to the Respondents, the State of Maharashtra through the Chief Secretary, and to the Inspector General of Prisons for the State of Maharashtra, directing them to submit a report to this Court within ten days from receipt of a copy of this Rule in respect of under-trial prisoners who are detained in Jails in Greater Bombay, at the first instance, and that Report should contain, among other things, information relating to matters as noted hereunder in respect of each of the accused under-trial-

(3.) Ms. Shabnam Minwalla, who is also treated as the Petitioner in this case, is also directed to file her affidavit containing relevant details and particulars, also within ten days from this date.