NEW DELHI: Disturbed by the plight of a large number of under trials languishing in different jails in the country, the Supreme Court as a test case March 14th, directed the Delhi government to submit a list of under trials languishing for more than three years without trial in Tihar jail, along with the nature of the offence committed by them.

A division bench comprising Mr. Justice Kuldip Singh and Mr, Justice Faizan Uddin passed the directive on lawyer R.D, Upadhayay’s public interest petition seeking an end to indiscriminate arrests of innocent persons, including women and children.

It was reported that out of 2400, under trials, many of them suffered incarceration much more than what they would have if convicted. Mr, Upadhyaya’s petition said unwarranted detention was unconstitutional, as it took away a citizen’s right to live with dignity and freedom.

It said children and adolescents were being subjected to sexual exploitation due to imprisonment along with adult hardened criminals.

An innocent person once sent to jail becomes a criminal once he is released the petition said. Quoting a newspaper report on the prevailing conditions in Tihar jail, the petition said a ward meant for two inmates was being crowded with as many as 80 under trials, “Is it the way the State is protecting the right to life of its citizens,” wondered the petitioner, while seeking a direction to the police not to make indiscriminate and baseless arrests. On its part, the petition said the judicial system was also a contributory factor, “Thousands and thousands of persons are detained in jails awaiting trial and filing of charge sheets against them,” it said. “Right to bail needs to be made one of the real attributes of right to life.” Mr, Upadhayay’s petition argued by senior counsel Vikram Mahajan said.

 Saying that the old concept of granting bail required to be “revolution in the petition argued that where delay was expected, the trial court should grant bail to the accused.

“The executive be directed to exercise its power to grant remissions and commutation of sentence, failing which many prisoners who would have otherwise been released, continue to remain in jail,” said the petition.

It also took strong umbrage at the arrest of women accused men.

Article extracted from this publication >>  March 20, 1996