THE TREATMENT OF TERRORISM SUSPECTS AND THE RIGHT TO A FAIR TRIAL: BALANCING SECURITY AND JUSTICE

AUTHOR – SANA PERWEEN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SANA PERWEEN, THE TREATMENT OF TERRORISM SUSPECTS AND THE RIGHT TO A FAIR TRIAL: BALANCING SECURITY AND JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 64-68, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

The issue of treating terrorism suspects in national security and in the light of the right to a fair trial is a multifaceted legal and ethical issue. On one hand, governments are obligated to safeguard citizens from terrorist attacks, but it is just as important to ensure that the basic rights of individuals are respected, including the right to a fair and impartial trial. Such equilibrium is frequently subjected to trial when dealing with issues of terrorism, where security justifies the utilization of extraordinary interventions, including preventive detention without trial, surveillance, and the withholding of legal rights. This discussion delves into the conflict between the necessity to implement effective measures against terrorism and the protection of due process protections, examining international and domestic jurisprudence. Through the analysis of milestone case studies and court rulings, the research points to the dilemma faced by courts when it comes to weighing national security concerns against ensuring the protection of personal freedoms. In the end, the paper advocates for a balanced strategy that serves both security and justice alike, keeping in mind that the protection of basic rights is part of what leads to overall stability within any democratic nation.