Article 21 and prolonged incarceration

Article 21 protects personal liberty and informs pre-trial detention decisions. Prolonged incarceration raises concern where trial progress is inadequate. That concern does not automatically override Section 43D(5). The Court considers custody duration alongside the statutory threshold. Detention must remain legally justified and cannot continue without regard to trial progress. Liberty and national security are assessed within the governing legal framework. The Court stressed the need for meaningful expedition. Article 21 guides application of the statute without removing its conditions. (Gulfisha Fatima v. State (Govt. of NCT of Delhi) & connected matters | 2026 INSC 2)