Topic

Article 21 right to liberty

1 articleLatest March 2026
Article 21 | Prolonged Pre-Trial Custody in PMLA Cases Violates Right to Liberty Even Without Conviction: Calcutta HC
Case Law Analysis
|Calcutta High Court

Article 21 | Prolonged Pre-Trial Custody in PMLA Cases Violates Right to Liberty Even Without Conviction: Calcutta HC

The Calcutta High Court ruled that detaining an accused for over three years without trial under the PMLA, despite bail in the predicate offence and concluded investigation, violates the fundamental right to liberty under Article 21. This sets a critical precedent that statutory bail barriers under Section 45 cannot override constitutional protections when trial delays are unreasonable and evidence is already secured.