Saturday, 6 February 2016

SC: Failure to pay for bail no reason to keep poor in jail

 

prisoner is entitled to be treated with dignity and sympathy , said the Supreme Court while directing the Centre and state governments on Friday to provide all basic facilities to jail inmates commensurate with human dignity .To reduce the number of prisoners in overcrowded jails, Justices Madan B Lokur and R K Agrawal directed the prison authorities to take steps to release those who are languishing in jail for not being able to pay the bail bond.“A prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy ,“ it said.
It directed the Undertrial Review Committee in districts to meet every quarter and take steps for the release of undertrials and convicts who have undergone their sentence or are entitled to release because of remission granted to them. It said undertrials who have undergone detention for half of the maximum period of imprisonment shall be released on his personal bond with or without sureties as specified under Section 436A of CrPC. “The Committee should see that undertrial prisoners are released at the earliest and those who cannot furnish bail bond due to their poverty are not subjected to incarceration only for that reason,“ it said.
Expressing concern over poor quality of legal aid provided to indigent litigants, the bench directed State Legal Services Authority to hire adequate number of competent lawyers to provide free legal advice to the poor accused. “The DGPIG in-charge of prisons should ensure that there is proper and effective utilisation of funds so that the living conditions of the prisoners is commensurate with human dignity,“ it said.
The court pointed out that as on December 31, 2013 the number of under-trial prisoners was 67.6% of the entire prison population, which is “unacceptably high“.

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