“Jails in India are flooded with under-trial prisoners. The data placed in front of us would indicate that more than 2/3rd of prisons constitute under-trial prisoners. This category of prisoners majorly shall not be required to be arrested despite registration of cognizable offense being charged with crimes punishable for 7 years or fewer. They are poor and illiterate also including women. Thus, there is a culture of offense being inherited by many of them” said Supreme Court.
The Supreme Court urged the Center to frame a law to restrain investigating agencies from arresting the accused unnecessarily, saying that indiscriminate arrest reflects on colonial mindset and creates the impression of a “police state”. A bench of Justice Sanjay Krishan Kaul and M.M Sundresh also appealed to the Centre to appeal a new law to streamline the process of granting bail, saying there is a “pressing need” for it and ruled that the regular bail application of an accused had to be decided normally within 2 weeks and anticipatory bail within 6 weeks. It directed all states and Union Territories to ensure strict compliance with Section 41 and 41A of CrPC on adopting the process before arresting people.
UNDER TRIAL CASES:
India is facing more than 1.6 crore of criminal cases pending due to longer confinements prisoners are facing one year or three year or five year in jail. People should not be put in jail for long, as the crime is non heinous and bailable. Hussainara Khatoon V. State of Bihar Case 1980 was titled “Mother of PIL”. In this case it envisages huge violence of Fundamental right about the under trial prisoners who are innocent and kept behind the bars, around 40000 people was prisoned.
Supreme court held that benefits under 463-A of CrPC is only for under trial prisoners. Pradip v. State of Maharashtra, 2019, Mudassir Hussain v. State, 2020 and more. The bench said that since rejected the applicant’s prayer for suspension of execution of the sentence for the third time, it is hugely not likely that any further prayer in the speedy and instant matter shall be considered favorably, Masood Sheikh Gaffur Sheikh v. State of Maharashtra, 2020
HOW WILL THE IMPRESSION OF A “POLICE STATE” COME TO AN END:
If the center accepts to appeal a new law on under trials the following could be the resolutions:
- Less flooded with under-trial prisoners. Reduced arresting under bailable offenses will keep jail less overcrowded.
- Bail should be in rule and jail should be exceptional.
- In case procedure is systematize for protecting an accused from needless arrest and for pre-FIR early inquiry should be construe to protect an indicted from gratuitous harassment.
- Modification in Section 41 of CrPC or making new law will lead to streamlining the process in granting bail.
- Prison Violence: In Khatri v. State of Bihar where the police had blinded 80 criminals by puncturing their eyes with needles and drench with acid we hope this heinous violence would be abolished.
- Health Issues will be reduced, which are occurring due to congested overcrowding and shortage of adequate space in jail.
- Impact on the families of prisoners who are unable to look after their families will be able to feed their family.
The complicated processes for many of these under-trial prisoners but in order to resolve the situation, one needs a status report so first need to get statistics in place, and then guidelines and framework can be decided and the center should consider a bail act framing laws so that release of accused can be streamlined. the court observed in case Satender Kumar Antil vs Central Bureau of Investigation.
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