2014 (9) TMI 1214 - SC - Indian Laws

Government of India s plan in fast-tracking criminal justice in the country - maximum period for which an under-trial prisoner can be detained - HELD THAT - Having given our thoughtful consideration to the legislative policy engrafted in Section 436A and large number of under-trial prisoners housed in the prisons, we are of the considered view that some order deserves to be passed by us so that the under-trial prisoners do not continue to be detained in prison beyond the maximum period provided under Section 436A. We, accordingly, direct that jurisdictional Magistrate/Chief Judicial Magistrate/Sessions Judge shall hold one sitting in a week in each jail/prison for two months commencing from 1st October, 2014 for the purposes of effective implementation of 436A of the Code of Criminal Procedure. In its sittings in jail, the above judicial officers shall identify the under-trial prisoners who have completed half period of the maximum period or maximum period of imprisonment provided for the said offence under the law and after complying with the procedure prescribed under Section 436A pass an appropriate order in jail itself for release of such under-trial prisoners who fulfill the requirement of Section 436A for their release immediately. The Jail Superintendent of each jail/prison is directed to provide all necessary facilities for holding the court sitting by the above judicial officers. A copy of this order shall be sent to the Registrar General of each High Court, who in turn will communicate the copy of the order to all Sessions Judges within his State for necessary compliance - the Home Secretary, Government of Jammu and Kashmir is directed to take immediate steps in respect of forwarding No Objection by the State Government to the Central Government for deportation of the prisoner-Hamid Numain Bhat, if it has decided not to challenge the discharge order. In that event, the No Objection shall be positively sent within four weeks. On receipt of No Objection , if any, from the Government of Jammu and Kashmir, the Central Government shall take steps for his deportation as early as possible and in no case not later than four weeks from the date of receipt of the No Objection. Professor Bhim Singh, petitioner-in-person, invited our attention to the affidavit dated 16 th July, 2013 filed on behalf of the Government of India by Mr. Vikas Srivastava in compliance of Order dated 08.05.2013. List all the matters on 08th December, 2014.

Summary

Issues:
1. Fast-tracking criminal justice system in India.
2. Detention of under-trial prisoners beyond the prescribed period.
3. Deportation of foreign nationals detained in Indian jails.

Analysis:
1. The Supreme Court emphasized the need for fast-tracking criminal justice in India. The learned Attorney General was asked to present a concrete proposal within four weeks to expedite the process. It was highlighted that over 50% of prisoners in jails are under-trial prisoners, prompting the Court to address the issue. The Court referred to Section 436A of the Code of Criminal Procedure, 1973, which limits the detention period for under-trial prisoners. Consequently, the Court directed jurisdictional Magistrates and Judges to hold weekly sittings in jails for two months to identify eligible under-trial prisoners for immediate release in compliance with Section 436A.

2. Regarding the detention of under-trial prisoners, the Court issued directives to ensure that prisoners are not held beyond the maximum period specified under Section 436A. The jurisdictional Magistrates were tasked with identifying eligible prisoners and ordering their release promptly. Reports of these sittings were to be submitted to the High Court Registrar General and subsequently to the Secretary General of the Supreme Court. Jail Superintendents were instructed to facilitate the court sittings in jails by providing necessary facilities. The compliance of these orders was to be overseen by the High Court Sessions Judges.

3. In addressing the deportation of foreign nationals detained in Indian jails, specific attention was given to the case of a detenue lodged in Central Jail, Srinagar. The Court directed the Home Secretary of the Government of Jammu and Kashmir to expedite the processing of the case for deportation, provided there was no challenge to the discharge order. The State Government was given a deadline of four weeks to submit a 'No Objection' for deportation. Once the 'No Objection' was received, the Central Government was instructed to take immediate steps for deportation within four weeks. Additionally, matters related to Pakistani fishermen detainees were brought to the Court's attention for further instructions and response on a specified date.