Supreme Court Landmark Judgment on Release of Under Trial Prisoners 2017

There are several media reports on the topic we are here discussing in this post and the same is also a topic of national importance which creates a huge impact on the society as a whole. 

Speedy trial is definitely a fundamental right guaranteed under Article 21 of the Constitution. Still, one exception is, "Audi alteram partem" which means "listen to the other side", or "let the other side be heard as well".

This simply means that no person be judged without been given an opportunity to be heard and no one shall be condemned unheard is also a part of Natural Justice.

Every person has a right to be heard i.e. Opportunity of being heard is given to all the parties concerned in accordance with law and this results in lengthy legal procedures.


It is simply because if one is given opportunity to prove his case, it takes time which results in delayed proceedings. The only solution can be only a perfect balance between the two. i.e. Speedy Trial and proper opportunity to all the parites concerned.

Howover, the issue related to under trial prisoners is more serious in India, this also has increased the problem of overcrowding in Jails and moreover, in many cases it has came into light that people are acquitted after spending a long part of their valuable life in Jails.

 ‘Two-thirds of prisoners in India are undertrials’ - The Hindu

In a recent Special Leave Petition, Supreme Court of India discussed this problem and issued several guidelines and also sought cooperation of the Chief Justices of all the High Courts to have appropriate monitoring mechanism in place on the administrative side as well as on the judicial side for speeding up disposal of cases of under trials pending in subordinate courts and appeals pending in the High Courts.

Supreme Court in this petition, discussed many issues and issued several guidelines on Release of Under Trial Prisoners. The final guidelines are mentioned specifically in Para no. 27 which is as follows.

27. To sum up:
(i) The High Courts may issue directions to subordinate courts that-

(a) Bail applications be disposed of normally within one week;

(b) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years;

(c) Efforts be made to dispose of all cases which are five years old by the end of the year;

(d) As a supplement to Section 436A, but consistent with the spirit thereof, if an undertrial has completed period of custody in excess of the sentence likely to be awarded if conviction is recorded such undertrial must be released on personal bond. Such an assessment must be made by the concerned trial courts from time to time;

(e) The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.