1979 (4) TMI 159 - SC - Indian Laws

Issues Involved:
1. Illegal detention of undertrial prisoners.
2. Detention of lunatics or persons of unsound mind.
3. Compliance with section 167(2) of the Code of Criminal Procedure.
4. Investigation delays in the State of Bihar.
5. Provision of legal aid to undertrial prisoners.
6. Protective custody of women and children.
7. Compliance with section 167(5) of the Code of Criminal Procedure.
8. Pendency of cases in courts.

Summary:

1. Illegal Detention of Undertrial Prisoners:
The writ petition highlighted the issue of undertrial prisoners detained for periods longer than the maximum term they could be sentenced if convicted. The court directed the release of 70 such prisoners and identified 59 more for immediate release, stating their continued detention violated their fundamental right under Art. 21 of the Constitution.

2. Detention of Lunatics or Persons of Unsound Mind:
The court questioned the detention of lunatics or persons of unsound mind in ordinary jails and sought an affidavit from the State Government explaining the circumstances and proposed actions for these individuals.

3. Compliance with Section 167(2) of the Code of Criminal Procedure:
Affidavits and charts were filed showing compliance with the proviso to section 167(2) regarding the production of undertrial prisoners before Magistrates. The court expressed doubt about the Magistrates' application of mind in remanding prisoners and emphasized the need to inform prisoners of their right to bail after 90 or 60 days of detention.

4. Investigation Delays in the State of Bihar:
The court noted the large number of cases pending investigation for more than six months, particularly minor offences, and criticized the State Government's lethargic approach. It urged the State to take prompt action to expedite investigations and improve the investigative machinery.

5. Provision of Legal Aid to Undertrial Prisoners:
The court reiterated the constitutional right of accused persons to free legal services if they cannot afford a lawyer. It directed the State Government to provide lawyers at its own cost for undertrial prisoners charged with bailable offences and to ensure compliance with this mandate.

6. Protective Custody of Women and Children:
The court sought an affidavit confirming the transfer of women under "protective custody" in jails to welfare homes and instructed the State Government to issue necessary instructions to avoid such detentions in the future.

7. Compliance with Section 167(5) of the Code of Criminal Procedure:
The court directed the State Government to release undertrial prisoners in summons cases where investigations exceeded six months without Magistrate approval. It also requested the High Court to ensure Magistrates comply with this provision.

8. Pendency of Cases in Courts:
The court expressed concern over the staggering number of pending cases, some extending beyond five years. It requested additional information from the High Court of Patna on disposal norms for Magistrates and Sessions Judges to consider necessary directions for ensuring speedy trials.

The court scheduled the next hearing for 24th April, 1979, to continue addressing these issues.

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