Take steps to release undertrials

Once again, the Supreme Court has flagged its concern over the fate of undertrial prisoners languishing in overcrowded jails. Of all prison inmates, an overwhelming number – 67 per cent – are undertrials. This means that there is scant regard for Constitutional ideal of ensuring speedy justice. This pathetic situation contrasts with the statutory mechanism that allows releasing those prisoners who have already completed more than half of the maximum sentence enjoined in the offences. Time has come for the authorities, including the state legal aid cells, to give up their lethargy and scornful attitude towards ordinary prisoners. Putting people behind bars due to systemic bottlenecks like inadequacy of infrastructure and lack of investigating officers is no excuse to deny basic human rights. The apex court’s call for liberal interpretation of bail provision as stated under Section 436 of the Criminal Procedure Code would go a long way in serving the public cause. Germane here to say that even the SC order of September, 2014, directing jail superintendents to ensure release of inmates who have already finished half of the maximum jail term in the offence have not been obeyed in letter and spirit.

No doubt, hardcore criminals, repeat offenders or those imprisoned for terror charges are exception to it. It is no secret that our legal system has been shamefully exploited by the rich and powerful. While discretionary powers are meant to be exercised to give paroles to celebrities or kin of influential politicians like Sanjay Datt and Manu Sharma, respectively, the poor, who comprise a major chunk of 2.73 lakh undertrials, are slapped with rules and laws to confine them behind bars. Their inability to pay the bail bond holds back their freedom – a distressing scenario crying for urgent attention but has failed to move authorities in a welfare state.

In the circumstances, the court’s remark that poverty cannot be ground for incarcerating a person is nothing but a commentary on state and Central governments’ stiffness to undertake next level jail reforms. Prison management system creating computerised data bank of undertrial prisoners can be one of the tools. No longer can the 2013 advisory of the Union Home Ministry for formation of the Undertrial Review Committee – comprising District Judge as chairperson, District Magistrate and District Superintendent of Police as members – be ignored. The government’s move to review the Model Prison Manual prepared by the Bureau of Police Research and Development in 2003 will surely throw some light, provided technological advancement is duly incorporated in the new arrangement.