In a landmark decision on 5th September 2014, a bench of
Supreme Court of India comprising Chief
Justice RM Lodha, Justice Kurian Joseph and Justice RF Nariman in a PIL
titled as ‘Bhim Singh vs Union of India’ being Writ Petition (crl) No. 310 of 2005 passed
important directions for the undertrial prisoners who are languishing in jails for
years. The Court relied upon Section 436A of Code of Criminal Procedure which
was introduced by amendment in 2005.
The Court on 1st August 2014 wanted to know about Government
of India's plan in fast-tracking criminal justice in the country. On that day,
the Attorney General took time to have a comprehensive look at the problem and
come out with a concrete proposal in this regard within four weeks. The Attorney
General on 5th September submitted that
process of consultation with the State Governments for fast-tracking criminal
justice has been commenced by the Central Government but the blueprint/road-map
for fast-tracking of criminal cases shall take some time. The Court observed
that it is high time, positive steps are taken by the Central Government in consultation
with the State Governments in fast tracking all types of criminal cases so that
criminal justice is delivered timely and expeditiously. The Attorney General
informed Court that more than 50% of the prisoners in various jails are under-trial
prisoners. Even many of them may have served maximum sentence prescribed under
the law for the offences they have been charged with. He drew attention to fact
that Parliament by Act 25 of 2005 amended Code of Criminal Procedure, 1973 by
inserting Section 436A providing for maximum period for which an under-trial
prisoner can be detained under any law not being an offence for which the
punishment of death has been specified as one of the punishments.
The Court, accordingly, directed that jurisdictional Magistrate/Chief
Judicial Magistrate/Sessions Judge shall hold one sitting in a week in each
jail/prison for two months commencing from 1st October, 2014 for the purposes
of effective implementation of 436A of the Code of Criminal Procedure. In its
sittings in jail, the above judicial officers shall identify the under-trial
prisoners who have completed half period of the maximum period or maximum
period of imprisonment provided for the said offence under the law and after
complying with the procedure prescribed under Section 436A pass an appropriate order
in jail itself for release of such under-trial prisoners who fulfill the
requirement of Section 436A for their release immediately. Such jurisdictional
Magistrate/Chief Judicial Magistrate/Sessions Judge shall submit the report of
each of such sitting to the Registrar General of the High Court and at the end
of two months, the Registrar General of each High Court shall submit the report
to the Secretary General of this Court without any delay. To facilitate the
compliance of this order, the Court directed the Jail Superintendent of each jail/prison
to provide all necessary facilities for holding the court sitting by the above
judicial officers. The Supreme court also directed to send copy of this order to
the Registrar General of each High Court, who in turn will communicate the copy
of the order to all Sessions Judges within his State for necessary compliance. The
case was adjourned to 8th December 2014.
In another PIL Writ Petition (Crl) No. 90/2013 titled as ‘Fight
for Human Rights vs Union of India’, in the Supreme Court on 29th August 2014,
the counsel for Government of India made a statement that Ministry of Home
Affairs shall convene a meeting of Home Secretaries of the State Governments for resolution
of problem concerning under-trial
prisoners, particularly, Scheduled Tribes under-trials (which is the subject matter
of the said writ petition). The Court directed to submit the report within two
weeks of convening the meeting. The Court also directed the Government to file
an affidavit giving complete information of under-trial prisoners in the
country as on 31st March, 2014.Matter will now come up on 31st October 2010.
Click below for Full text of the Order.
