Supreme Court · 1979 INSC 53 · Decided 26 February 1979
Hussainara Khatoon & ORS. v. Home Secretary, State of Bihar, Patna
- Court
- Supreme Court of India
- Citation
- 1979 INSC 53 · [1979] 3 S.C.R. 393
- Case number
- WRIT PETITION (CIVIL) No. 57/1979
- Decided
- 26 February 1979
- Bench
- P.N. BHAGWATI, A.P. SEN (2-judge bench)
- Outcome
- Hearing Adjourned
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC Section 363, 368; CrPC Section 167(5), 468; Constitution Article 21
Headnote
393 Constitution of India 1950-Art. 21-Womtn kept in jail by way of 'protective custody'-Violation of personal liberty . Code of Criminal Procedure 1973-Ss. 167(5) & 468-Releau of under-trial prisoner 1vlun Magistrate not satisfied with necessity of c,ontinuing i1ivestigation 01A charge-sheel on release of under-trials in the State of Bihar, HELD : (a) (i) The expression 'protective custody' is an euphemism calcu­ lated to disguise what is really and i11 truth nothing but imPrisonmcnt. It is an expression intended to appease the conscience. This so-called 'protective custody' is
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