Apex court seeks report from jails across country

MP | 30 Nov 2022 | New Delhi: Days after the emotional speech of President Droupadi Murmu flagging the plight of poor tribals languishing in jails in petty offences despite bail, the Supreme Court Tuesday directed prison authorities across the country to provide details of such prisoners within 15 days to NALSA for formulating a national scheme for their release. 

The president had, in her maiden Constitution Day address on November 26 at the Supreme Court, highlighted the plight of poor tribals of her home state Odisha besides Jharkhand, saying they remain incarcerated despite getting bail for lack of money to furnish the bail amount or arrange sureties. 

Departing from her written speech in English, Murmu had spoken in Hindi to urge the judiciary to do something for the poor tribals, noting those accused of serious offences walk out free but these poor inmates, who may have gone to jail for slapping someone, have to spend years on end before they are released. 

Justice S K Kaul was among those seated on the dais with Chief Justice DY Chandrachud, when the president narrated her experience of meeting several undertrial prisoners as an MLA in her native Odisha and later as the governor of Jharkhand. 

A bench of Justices Kaul and Abhay S Oka on Tuesday directed the jail authorities to submit the details of such prisoners to the respective state governments which will forward the documents to the National Legal Service Authority within 15 days. 

The bench said the jail authorities will have to submit such details as the names of undertrial prisoners, charges against them, date of the bail order, what bail conditions were not met and how much time they have spent in jail after the bail order. 

"At the inception, we flagged the issue of detenues/Undertrial prisoners, who continue to be in custody despite being granted bail but could not fulfill the bail conditions. 

Each jail authority of the country has to convey to their state government the details which will be forwarded to NALSA for formulation of a national level scheme to provide assistance to such prisoners," the bench said in its order. 

https://www.millenniumpost.in/nation/apex-court-seeks-report-from-jails-across-country-500660