#SupremeCourt to hear Suo Moto Writ Petition that was instituted for the purposes of issuing a comprehensive policy strategy for grant of bail
Amicus, Mr Gaurav Agarwal: The issue is that the undertrial prisoners continue to be in custody despite being granted bail as they could not fulfil the bail conditions.
Amicus hands over his notes.
Amicus: We have identified 5000 such prisoners...
Amicus: We have identified 5000 such prisoners...
Amicus: For each state they found out and deputed panelled lawyers. 5362 such prisoners identified till 31st Dec, 2022; 2129 realised till 13th March; 600 can’t be released because in multiple cases; in some cases modification has been sought; about 2000 cases are pending.
Amicus is reading from his notes.
Justice Kaul: Who is appearing for the Govt of India?
Amicus: Mr. Nataraj is, but I have discussed with him.
Amicus: Mr. Nataraj is, but I have discussed with him.
Bench: It is flagged qua E-software discussed in the last order to submit that there has to be better ability of jail authority to put in the data for which NIC has to play a proactive role to train them. ASG Nataraj has been informed. He has assured steps would be taken.
Bench: We understand that there is a system used in Gujarat State ‘Email My Case Status’. We have requested the Amicus to look into that aspect if it can be successfully used for other States.
The Bench rises for lunch break.
The Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar assembles.
Amicus reading from his notes on execution of bail orders.
Amicus: In the last part of the last day’s order an application filed by Project 39A was mentioned which had some suggestions. I had a detailed conference with the advocates. They have filed their suggestions.
Amicus: My Ld. friends have now suggested some mechanism.
Sr. Adv. Meenakshi Arora: Project 39A people are working in prisons in Nagpur and Pune. The suggestions have come from their practical experience.
Sr. Adv. Meenakshi Arora: Project 39A people are working in prisons in Nagpur and Pune. The suggestions have come from their practical experience.
J. Amanullah: NALSA has a scheme where best practices of all States are collated.
Bench:Suggestions made by Project 39A,and discussion has been held with Amicus.Suggestions may be examined by NALSA and implementation can be started,without waiting for order of this court
Bench:Suggestions made by Project 39A,and discussion has been held with Amicus.Suggestions may be examined by NALSA and implementation can be started,without waiting for order of this court
Amicus: I have prepared a note on plea bargaining, compounding and probation etc.
The Amicus takes the Bench through his note.
Amicus: Figures for last two months, in Gujarat, plea bargaining in 1428 cases, compounding in 604 cases, released on probation 97...
J. Amanullah: We are an institution for dispensation of justice. It is seen that the consequence of admission of guilt (in plea bargaining, compounding and probation) is not shown to them.
J. Amanullah: They are very happy that they will get out, but as an institution it has to be ensured that it is an informed decision. Unfortunately in India it is a taboo, in the west it is not so.
Bench: Pioneering endeavour made by different High Courts (plea bargaining, compounding, probation) which shows progress has been made though the level of progress may vary....
Amicus: In Allahabad HC your lordships had indicated that the prisoners who have undergone half the sentence pending appeal be released....Kindly have a look at that. There has been some progress. Half of them has be released, half is pending.
J. Kaul: Everybody talks about cluttering of jails; socially weaker sections of people languishing in jail. Some thought process we wanted from the Government.
ASG: We will come back.
ASG: We will come back.
J. Kaul: The suggestion was floated some time back. There must be some dedicated people...
ASG: But the issue is until States come forward, this is exclusive subject of State...
ASG: But the issue is until States come forward, this is exclusive subject of State...
J. Kaul: Some national policy can be developed and all State Govts. can come on board. I don’t think enough action has been taken on that.
ASG: We have initiated, but nothing has crystallised.
Bench: ASG is called and we have drawn his attention to order dated 23.09.2022 under the hearing ‘possible alterbate route’.
Bench: What was proposed was that whether cases which have specified max sentence, it can be 7 or 10 years and they have either served half or pending trial have covered 1/3 of sentence....an endeavour be made to take them out of the judicial system...
Bench: ...and concentrate on more heinous cases...there would be hesitation on part of the accused to accept conviction. This might be reason for the plea bargaining system not succeeding....
Bench:...keeping in mind the celebration of 75 years of independence if these matter can be identified and released...Considering pendency it would be worth experimenting.
Bench: This may also be applied to single incident cases where the conduct of the accused in jail is not adverse. We expect ASG to arrange for interaction with States and Centre and submit report on progress and feasibility at least a week before next date of hearing
Premature release
Bench: Liz Mathew points out that 4 states is carrying out project.Two issues are to be flagged.Collection of document is taking time, there is some delay.Time period to process and take decision is taking time.We call upon the States to expedite on both counts
Bench: Liz Mathew points out that 4 states is carrying out project.Two issues are to be flagged.Collection of document is taking time, there is some delay.Time period to process and take decision is taking time.We call upon the States to expedite on both counts
Bench: Suggestion is to proposed to 4 other states...
E- prison module
Bench: This matter may require some time. This matter can be taken up on 12th April.
Bench: List the main matter on 25th July.
Bench: This matter may require some time. This matter can be taken up on 12th April.
Bench: List the main matter on 25th July.
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