Court emphasizes Article 21 of the Constitution, directs release of appellant unable to pay fine due to poverty.
In a landmark judgment, the Rajasthan High Court, Jaipur Bench, has underscored the fundamental right to life and liberty guaranteed under Article 21 of the Indian Constitution by recalling the condition of depositing a fine for an appellant unable to meet the requirement due to poverty. The judgment was delivered by Justice Anoop Kumar Dhand on January 24, 2026, in the case of Rajesh Kushwah v. State of Rajasthan.
The appellant, Rajesh Kushwah, had been convicted under Section 8/15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to 10 years of imprisonment. Having already served nearly eight years, Kushwah was granted a suspension of sentence by the High Court in October 2025, contingent upon several conditions, including the deposit of a Rs. 1 Lakh fine.
The Court observed that imposing such a condition, which Kushwah was unable to fulfill due to financial constraints, amounted to a violation of his personal liberty as enshrined in Article 21. The judgment draws attention to the Apex Court's stance on similar issues in previous cases, emphasizing that conditions should not be so onerous that they defeat the right to appeal.
Justice Dhand recalled the fine condition, directing Kushwah's immediate release under other conditions previously set by the Court. This decision highlights the judiciary's role in balancing law enforcement with constitutional rights, particularly when poverty impedes justice.
Additionally, the judgment addressed the ongoing lawyers' strike against the decision to declare two working Saturdays a month, reiterating that such actions violate litigants' rights to speedy justice. The Court referenced the proposed amendment in the Advocates' Amendment Bill, 2025, which seeks to prohibit lawyers from boycotting court work.
The judgment sends a copy of the order to the Bar Council of India and the Bar Council of Rajasthan, urging them to take appropriate steps to address the issue of lawyers' strikes and uphold the legal system's integrity.
Bottom Line:
Lawyers' strike or abstaining from work is not a solution and violates litigants' right to speedy justice. Poverty should not hinder an accused's right to life and liberty as guaranteed under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, NDPS Act Section 8/15, Advocates' Amendment Bill 2025
Rajesh Kushwah v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2844809
