The Chief Justice of India gave a ray of hope to nearly .17 Million under trials languishing in jails for years despite being booked for petty offences. Hon’ble Prime Minister, Law Minister and Chief Justice of India unanimously expressed that some urgent steps are needed to secure their release as in many cases, their period of detention due to the slow pace of justice delivery system could have actually overshot the sentence that would have been awarded to them in case of conviction. The Chief Justice of India said during the conference of Chief Ministers and Chief Justices of all states that every chief judicial magistrate had been instructed by the High Courts to be in touch with jail authorities to find out the number of under trials booked for petty offences. If they had served more than half the sentence that would have been awarded to them in case of conviction at a future date, then they could be “immediately released on a personal bond”, the CJI said, adding that the benefit of plea bargaining would also be available to them.
Hon’ble Prime Minister of India, expressing deep concern over under trials said, “Many of them have been in jail for periods longer than they would have served had they been sentenced. This is indeed very disturbing. There have been pronouncements of the high courts and the SC on this issue but still their number in jails continues to be very high.”
In India there are almost 1,500 jails accommodating 3.5 lakh inmates. This is more than their actual capacity to accommodate 2.5 lakh prisoners. Approximately 70% of the jail population is made up of under trials, which means the number could be pegged at 2.45 lakh. Out of these, according to the Hon’ble CJI, 70% or 1.7 lakh were booked for petty offences.
The conference of Chief Justices and Chief Minister was held in New Delhi in which some crucial resolutions were also passed pertaining to the speedy Justice to under trial. It was resolved that the High Courts will make scientific and rational analysis as regards to accumulation of arrears, and devise a road-map for itself and jurisdictional courts to arrest arrears of cases taking into account average institution, pendency and disposal of cases and to ensure speedy trial within a reasonable period of time. Further it was resolved that The Chief Justices of the High Courts will expedite the matter with the respective State Governments for the purposes of holding of courts, in jail, of Chief Metropolitan Magistrate/Chief Judicial Magistrate or Metropolitan Magistrate/Judicial Magistrate, wherever possible. The Chief Metropolitan Magistrate/Chief Judicial Magistrate or Metropolitan Magistrate/Judicial Magistrate, shall discharge obligation keeping in view the principles of `Plea Bargaining’ as enshrined in Chapter XXI-A of the Code of Criminal Procedure, 1973, and confessions in petty cases. Advocate provided by the District Legal Services Committee/State Legal Services Authority be also deputed, wherever not deputed, in jail to work in the aid of under-trial prisoners for providing requisite services to them to present their case before the Metropolitan Magistrate of Concern Court, as the case may be.
These positive responses indeed will improve the Justice Delivery System to under trials. A lot needs to be done but certainly an initiative by Hon’ble Chief Justice of India will strengthen the faith of Under trials currently in the Justice Delivery System.