W.P.(Crl.) No.310/2005 etc. 1
I
S U P R E M E C O U R T O F I N D I A
Writ Petition(s)(Criminal) No(s). 310 of 2005
BHIM SINGH Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(with appln. (s) for directions, impleadment and office report)
WITH
W.P.(C) No. 341/2004
(With appln.(s) for directions, prayer for interim relief and Office
Report)
W.P.(Crl.) No. 175/2005
(With Office Report)
Date : 05/09/2014 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Prof. Bhim Singh, Sr. Adv.
In person
Mr. P. V. Yogeswaran, Adv.
Mr. Prashant Bhushan, Adv.
Mr. Rohit Kumar Singh, Adv.
Mr. Govind Jee, Adv.
For Respondent(s) Mr. Mukul Rohatgi, Attorney General
UOI Mr. Ranjit Kumar, Solicitor General
UPON hearing the counsel the Court made the following
O R D E R
On 01.08.2014, whereby we wanted to know from
the learned Attorney General about Government of
India's plan in fast-tracking criminal justice in
the country, learned Attorney General on that day
took time to have a comprehensive look at the
problem and come out with a concrete proposal in
this regard within four weeks.
W.P.(Crl.) No.310/2005 etc. 5
Mr. Mukul Rohatgi, learned Attorney General
submits that process of consultation with the State
Governments for fast-tracking criminal justice has
been commenced by the Central Government but the
blueprint/road-map for fast-tracking of criminal
cases shall take some time. He prays for time to
place the same by way of an affidavit within three
months.
We reiterate that it is high time, positive
steps are taken by the Central Government in
consultation with the State Governments in fast
tracking all types of criminal cases so that
criminal justice is delivered timely and
expeditiously.
Learned Attorney General informs us that more
than 50% of the prisoners in various jails are
under-trial prisoners. Even many of them may have
served maximum sentence prescribed under the law for
the offences they have been charged with. The
Parliament by Act 25 of 2005 amended Code of
Criminal Procedure, 1973 providing for maximum
period for which an under-trial prisoner can be
W.P.(Crl.) No.310/2005 etc. 6
detained under any law not being an offence for
which the punishment of death has been specified as
one of the punishments. Section 436A reads as
follows :-
"436A. Maximum period for which an
undertrial prisoner can be detained -
Where a person has, during the period of
investigation, inquiry or trial under
this Code of an offence under any law
(not being an offence for which the
punishment of death has been specified as
one of the punishments under that law)
undergone detention for a period
extending up to one-half of the maximum
period of imprisonment specified for that
offence under that law, he shall be
released by the Court on his personal
bond with or without sureties:
Provided that the Court may, after
hearing the Public Prosecutor and for
reasons to be recorded by it in writing,
order the continued detention of such
person for a period longer than one-half
of the said period or release him on bail
instead of the personal bond with or
without sureties:
Provided further that no such person
shall in any case be detained during the
period of investigation inquiry or trial
for more than the maximum period of
imprisonment provided for the said
offence under that law.
Explanation.- In computing the period of
detention under this section for granting
bail the period of detention passed due
to delay in proceeding caused by the
accused shall be excluded.]"
W.P.(Crl.) No.310/2005 etc. 7
Having given our thoughtful consideration to
the legislative policy engrafted in Section 436A and
large number of under-trial prisoners housed in the
prisons, we are of the considered view that some
order deserves to be passed by us so that the
under-trial prisoners do not continue to be detained
in prison beyond the maximum period provided under
Section 436A.
We, accordingly, direct that jurisdictional
Magistrate/Chief Judicial Magistrate/Sessions Judge
shall hold one sitting in a week in each jail/prison
for two months commencing from 1st October, 2014 for
the purposes of effective implementation of 436A of
the Code of Criminal Procedure. In its sittings in
jail, the above judicial officers shall identify the
under-trial prisoners who have completed half period
of the maximum period or maximum period of
imprisonment provided for the said offence under the
law and after complying with the procedure
prescribed under Section 436A pass an appropriate
order in jail itself for release of such under-trial
prisoners who fulfill the requirement of Section
W.P.(Crl.) No.310/2005 etc. 8
436A for their release immediately. Such
jurisdictional Magistrate/Chief Judicial Magistrate/
Sessions Judge shall submit the report of each of
such sitting to the Registrar General of the High
Court and at the end of two months, the Registrar
General of each High Court shall submit the report
to the Secretary General of this Court without any
delay.
To facilitate the compliance of the above
order, we direct the Jail Superintendent of each
jail/prison to provide all necessary facilities for
holding the court sitting by the above judicial
officers.
A copy of this order shall be sent to the
Registrar General of each High Court, who in turn
will communicate the copy of the order to all
Sessions Judges within his State for necessary
compliance.
W.P.(Crl.) No.310 of 2005
Mr. Mukul Rohtagi, learned Attorney General
placed before us status of 25 foreign nationals
W.P.(Crl.) No.310/2005 etc. 9
covered under the order dated 10.11.2008 passed by
this Court.
As regards the status of the detenue-Hamid
Numain Bhat s/o Mohd Iqbal Bhat (mentioned at serial
No.1), it appears that he is lodged in Central Jail,
Srinagar. He has been discharged in the case in
which he was arrested by the Additional Sessions
Judge, Srinagar. It is stated that having regard to
legal and factual position, Government of Jammu and
Kashmir is now processing his case of deportation,
but so far 'No Objection' from the State has not
been received, although, his nationality has been
confirmed by Pakistan High Commission.
In light of the above, we direct the Home
Secretary, Government of Jammu and Kashmir to take
immediate steps in respect of forwarding 'No
Objection' by the State Government to the Central
Government for deportation of the prisoner-Hamid
Numain Bhat, if it has decided not to challenge the
discharge order. In that event, the 'No Objection'
shall be positively sent within four weeks. On
receipt of 'No Objection', if any, from the
W.P.(Crl.) No.310/2005 etc. 10
Government of Jammu and Kashmir, the Central
Government shall take steps for his deportation as
early as possible and in no case not later than four
weeks from the date of receipt of the 'No Objection.
Professor Bhim Singh, petitioner-in-person,
invited our attention to the affidavit dated 16 th
July, 2013 filed on behalf of the Government of
India by Mr. Vikas Srivastava in compliance of Order
dated 08.05.2013.
Learned Attorney General prays for time to
look into that affidavit and put forward the Central
Government's view in that regard.
Mr. Divya Jyoti Jaippuriar, learned counsel
has placed before us status of Pakistani fishermen
detainees in Indian jails/prisons, which is taken on
record. A copy thereof has been given to the
learned Attorney General.
He prays for time to seek instructions in this
regard and respond appropriately on the next date.
List all the matters on 08th December, 2014.
(Neetu Khajuria) (Renu Diwan)
Sr.P.A. Court Master
W.P.(Crl.) No.310/2005 etc. 11
Monday, 8 September 2014
Apex Courts - Directions for release of undertrial prisoners who fulfill the requirement of Section 436A
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