Supreme Court releases more than 1 Lakh under-trial prisoners from over crowed Jails
Supreme Court releases more than 1 Lakh under-trial prisoners from over crowed Jails
Once again Supreme Court of India gave the Historical Order
Friday -
The Supreme Court ordered the release of all undertrial prisoners who have spent half of the maximum sentence prescribed for the offences they are charged with, bringing much needed relief to poor people who are languishing in jails as they are not able to pay sureties and bail bond to get out of jail.
Currently 60% prisoners in jail are under trials not the convicts
It is estimated that out of around 3.81 lakh prisoners across the country, about 2.54 lakh, are under trials.
In many cases, the accused have spent more time in jail than the actual sentence prescribed by law that might be awarded to him in case of conviction.
Supreme Court bench ordered that the judicial officers (Magistrate/ Sessions Judge/ Chief Judicial Magistrate) shall identify prisoners who have completed half of the maximum period of imprisonment provided for the offences they are charged with.
After complying the procedure under Section 436A of Criminal Procedure Code they shall pass appropriate order in jail itself for the release of such prisoners,”
They shall visit once in a week for two months in each jail under their jurisdiction for the purpose of effective implementation of Section 436A for releasing prisoners,”
Supreme Court set a deadline of two months, starting October 1, for judicial officers to visit prisons under their jurisdiction and free all such inmates by passing appropriate orders in the jail itself.
This order will not give benefit to accused persons who are in jail charged with offences which entail life term or the death penalty as maximum punishment.
Supreme Court of India also said that
“judge-case” ratio in India was “mind-boggling” and a “meagre allocation of 0.7-0.8 percent of the total budget to the judiciary will not help”.
“We want more courts and more judges.
But only increasing the strength leaves us nowhere. Once you appoint a judge, you need to appoint other staff too.
We have been writing to high courts but they tell us they don’t have funds.
States look up to you for funds.
You have to take the lead.
Delay in appointment at subordinate judiciary has become a vicious circle,”
Regarding the fast tracking criminal justice delivery system, the Supreme Court asked the government to prepare a workable and comprehensive road map within three months and file an affidavit in this regard.
It fixed the case for further hearing on December 8.
In another case Supreme Court of India issued notice to the Centre and all states seeking their response on steps taken by them to remove encroachment of pavements and footpaths.
Granted 10 weeks’ time to the Centre and the states to file their response on a PIL seeking its direction to frame guidelines for removing encroachments on footpath and pavements.
The Code of Criminal Procedure, 1973 (CrPc)
Section 436 A. -Maximum period for which an undertrial prisoner can be detained.
1[Maximum period for which an undertrial prisoner can be detained. Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:
Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
Explanation. - In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.]
Cr PC (Amendment) Act, 2005 (Notes on Clauses)
There has been instances, where under-trial prisoners were detained in jail for periods beyond the maximum period of imprisonment provided for the alleged offence. As remedial measures section 436a has been inserted to provide that where an under-trial prisoner other than the one accused of an offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to one-half of the maximum period of imprisonment provided for the alleged offence, he should be released on his personal bond, with or without sureties. It has also been provided that in no case will an under-trial prisoner be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offence.
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Friday, September 05, 2014
Tags - Supreme Court Historic Judgement Release Prisoners
