VINOD KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) . In our country, a very large number of extremely poor unfortunate and distressed men, women and children are languishing behind prison bars awaiting for trials in the courts of law for months and years.

(2.) . According to the status report of the Director General of Prisons, filed in pursuance of the order of this court dated 27.1.2000, most of the under-trial prisoners, presently lodged in Tihar jails, have been charged with the minor offences. Even if ultimately, they are found guilty, would not warrant punishment for more than a few months, or at the. most perhaps for a year or two. These unfortunate forgotten specimen of humanity are languishing in jail, deprived of their liberty, for years without even as much as their trials having commenced. As aptly observed by Hon'ble the Chief Justice Dr. A.S. Anand in a letter to the Chief Justice, Delhi High Court on 29.11.1999 that "It is neither just nor fair that persons involved in petty offences should suffer incarceration much beyond the ultimate punishment merely on account of the fact that they happen to be poor and underprivileged".

(3.) . The Hon'ble Supreme Court aptly observed in Hussainara Khatoon's case AIR 1979 SC 1360 that it is a crying shame on the judicial system which permits incarceration of men and women for such long periods of time without trial.