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Protracted incarceration

Shaheen Welfare Association v. Union of India (1996) 2 SCC 616. and Hussain v. Union of India, (2017) 5 SCC 702 it was argued that such protracted incarceration violates the respondent’s right to speedy trial and access to justice; in which case, Constitutional Courts could exercise their powers to grant bail, regardless of limitations specified under special enactments.

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