Hindustan Times (Bathinda)

‘In jail despite bail’: SC seeks undertrial­s’ data

- Utkarsh Anand letters@hindustant­imes.com

To ensure speedy release of undertrial prisoners, the Supreme Court on Tuesday directed all states and Union Territorie­s (UTS) to collate data on such inmates who have got bail but cannot walk out of jail due to their inability to comply with its conditions such as furnishing bonds or sureties.

A bench, headed by justice Sanjay Kishan Kaul, gave states and UTS 15 days to seek such informatio­n from jail authoritie­s and share the statistics with National Legal Services Authority (NALSA), which, it said, should provide immediate assistance to facilitate the release of such prisoners.

The order by the bench, which also comprised justice AS Oka, would lead to the first ever nationwide survey of undertrial prisoners forced to languish behind bars even after securing bail owing to certain handicaps in meeting the conditions of bail.

“In order to have realistic statistics, each jail must send data to state and states can then send it to NALSA so a scheme can be framed. Assistance will have to be given to such undertrial prisoners. Therefore, we call upon all states to direct jail authoritie­s to submit data with details of prisoners’ names, dates on which bail was granted, the offences alleged of, the condition of bail not met and the period in jail since the grant of bail,” it recorded in the order.

Directing that the sates will ensure these details are made available to them within 15 days, the court order added that the data will be shared with NALSA within a week. “NALSA will then have necessary deliberati­on on the issue and will, obviously, provide required assistance,” stated the order.

The bench further said that NALSA can seek the assistance of the Tata Institute of Social Sciences (TISS), which is already working in this field.

“Let’s see how NALSA can evolve a mechanism... Some survey has to be done where bail has been granted but people haven’t been able to come out for not being able to comply with the conditions. Financial means can become a challenge for people,” observed the bench.

In October last year, the bench had initiated proceeding­s on its own motion (suo motu) to monitor implementa­tion of its directives on grant of bail to undertrial­s and during the pendency of the appeal.

The court had also appointed advocates Gaurav Agrawal, Liz Mathew and Devansh Mehta as amicus curiae to assist it in evolving methods to expedite the release of undertrial­s. In this case, the bench has issued a spate of orders speeding up release of the convicts undergoing life term either on bail when the appeals have been pending for a very long period, or on remission under the existing state regulation­s.

Justice Kaul, who took over as the executive chairman of NALSA on Friday, talked about the problems of undertrial­s when he spoke at the Constituti­on Day celebratio­ns at the Supreme Court last week.

“We know that there is a large problem of undertrial­s languishin­g in prisons for extended amounts of time, and this is an area towards which we must urgently divert our attention. Our collective endeavours can lead to a significan­t change. We can concentrat­e our efforts towards conducting thorough study of the effectiven­ess of existing legal aid processes, improving the ways in which legal aid lawyers are selected, providing them with appropriat­e incentives, training such lawyers more adequately, and introducin­g monitoring and accountabi­lity mechanisms,” he had said.

Speaking at the inaugural session of first all India district legal services authoritie­s meet in July, Prime Minister Narendra Modi implored the judiciary to speed up release of undertrial­s who remain incarcerat­ed for want of legal aid. “...There are so many prisoners who have been languishin­g in jails for years, awaiting legal aid. Our district legal services authoritie­s can take up the responsibi­lity of providing legal aid to these prisoners.”

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