Free undertrials who have spent half their term: SC

Mangalore Today News Network

New Delhi, Sep 5, 2014, DHNS:  The Supreme Court on Friday ordered the release of undertrial prisoners languishing in jails without trial if they have completed half of the maximum term for the offences alleged against them.

A three-judge bench presided over by Chief Justice R M Lodha directed all judicial magistrates, chief judicial magistrates and sessions judges across the country to hold their sitting or court on jail premises once a week for a period of two months for the said purpose from October 1.

The court passed the order relying upon Section 436 A of the CrPC, which provides that once the prisoner, during the period of investigations, inquiry or trial, has undergone detention up to half of the maximum period of imprisonment specified for that offence under the law, he should be released by the court on his personal bond with or without sureties.

This, however, would not apply in cases where death sentence was provided as maximum sentence. “Having given consideration to legislative policy in Section 436 A of the CrPC and that a large number of undertrial prisoners are languishing in jails, we are of the view that an order is required to be passed by us so that undertrial prisoners do not continue to be detained in prisons beyond the maximum period as provided under Section 436 A of the CrPC,” the bench, also comprising justices Kurian Joseph and R F Nariman, said.

“We want some edifice to be built on the foundation that has to be laid,” the bench observed.

The court directed jail superintendents to identify those inmates who have already completed half of the maximum jail term in the offence and also provide all facilities for implementation of its order. It asked the registrar general of HCs to send a report after two months to the apex court’s secretary general.

Appearing for the Centre, Attorney General Mukul Rohatgi submitted that the state governments and jail authorities should inform the respective high courts about the number of undertrial prisoners who had undergone half of the maximum sentence.

“States are to be involved in the process. All chief ministers and chief justices of HCs should be requested that actions could be taken on the issue,” he said.

The court had earlier asked the AG to specifically inform about the roadmap to fast track all criminal cases.

Expressing concern over 65 per cent detainees being undertrial prisoners, the bench rued about the existing 4,000 vacancies in subordinate judiciary and put the blame on inadequacy of finance since judiciary was considered as “non-generating organ of the state”.

The court asked the AG to file an affidavit within three months detailing the roadmap and steps proposed to fast-track trials of pending criminal cases.

An estimate says out of about 3.81 lakh prisoners across the country, about 2.54 lakh are undertrials. In many cases, the accused have spent more time in jail than the actual sentence which might be awarded to them in case of conviction.

The bench also noted that the widening judge-population and judge-case ratio were responsible for the present state of affairs.