Wrongful Prosecution-Victim's Rights And State's Obligations

Article 21 of the Constitution of India ("Constitution") confers, on every person, the fundamental rights of life and personal liberty. As per this Article, "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Hon'ble Supreme Court in Maneka Gandhi v. Union of India, (1978) 1 SCC 248, while re-defining the contour of Article 21 of Constitution had, inter alia, held that the procedure envisaged under this Article must be "right, just and fair" and not "arbitrary, fanciful or oppressive". Further, the Hon'ble Supreme Court in Hussainara Khatoon (I) v. Home Secy., State of Bihar, (1980) 1 SCC 81, recognizing the right to speedy trial as one of the offshoots of the rights conferred under Article 21 of the Constitution has held, "No procedure which does not ensure a reasonably quick trial can be regarded as "reasonable, fair or just" and it would fall foul of Article 21."