Put your prison in order: Karnataka High Court raps prisons department on non production of undertrial for four years

Bengaluru, DHNS: The high court on Saturday directed the prisons department to submit a report on steps taken to identify instances of prisoners not produced before concerned courts on hearing dates. 

“Put your prison in order. Should this court pass an order to produce an undertrial before the concerned court? Highly incorrect. Accused are also human beings unless convicted. How long will you keep them in prison as undertrial prisoners?” Justice M Nagaprasanna said, hearing a matter on non-production of an undertrial before the court concerned for over 4 years.

The petitioner in the case, Imran alias Kulla, has been in prison for the past 4 years. The advocate said the petitioner could not be released from prison despite being granted bail, for not being able to arrange surety. Over 20 adjournments were recorded in court concerned since the prison authorities failed to produce the accused on the date of hearing, even through video conferencing, the advocate said.

It was submitted that a head constable of HAL station reported to the court that an non-bailable warrant issued against the petitioner could not be executed as the accused was not traceable, while he was in prison in a crime registered by HAL police.

In the previous hearing, the court had ordered personal presence of the prisons DIG and DCP Whitefield. Advocate General Shashikiran Shetty, on instruction of DCP Whitefield, who was present before the court, submitted that a departmental enquiry will be initiated against the head constable.

On non-production of undertrials, the court asked the DIG Prisons as to what measures are being taken. “What do you do with the accused when trial is on? Don’t you produce him before court? Not once have you brought him (petitioner) outside. What is all this happening? All these things need to be set right. How long can you hold these prisoners without trial, without producing them before court?” the judge said orally.

The court directed the DIG to submit a report on production of undertrials. “The DIG prisons undertakes before this court that appropriate steps would be taken to identify all persons who have not been produced before court in the next 2 weeks and place a report as to what steps they have taken to identify and not repeat same anomaly in not bringing prisoners before court and courts adjourning the matter for appearance," it said, adjourning the matter to Mar 6.