New Delhi: Expressing serious concern over the plight of undertrial prisoners languishing in jails across the country, the Supreme Court on Friday directed all the states to take steps to release under trials without any surety.
Giving this direction, a bench of Justices Madan B. Lokur and R.K. Agrawal said “the Under Trial Review Committee in each state should specifically look into aspects pertaining to effective implementation of Section 436 of the Cr.P.C. and Section 436A of the Cr.P.C. (power to release on bail without surety) so that undertrial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that reason.”
Passing orders on the basis of a letter written by former CJI R.C. Lahoti on the plight of prisoners and over crowding of jails, the Bench said “the Under Trial Review Committee will also look into issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society.”
The Bench said, “Prison reforms have been the subject matter of discussion and decisions rendered by this Court from time to time over the last 35 years. Unfortunately, even though Article 21 requires a life of dignity for all persons, little appears to have changed on the ground as far as prisoners are concerned and we are once again required to deal with issues relating to prisons in the country and their reform.”
Against this background, a letter on 13th June, 2013 addressed by former CJI R.C. Lahoti, to the then CJI relating to conditions in prisons is rather disturbing. Justice R.C. Lahoti invited attention to the inhuman conditions prevailing in 1382 prisons in India and said there was overcrowding of prisons.
