Undertrials’ extended imprisonment needs urgent attention: CJI Ramana

The long delay in our criminal justice system from arrest to bail is turning out to be the biggest punishment for undertrial prisoners, whose population accounts for nearly 80% of the jails in the country, Chief Justice of India (CJI) NV Ramana said on Saturday.

“In our criminal justice system, the process is the punishment,” said CJI Ramana, while inaugurating the 18th edition of the All-India Legal Services Meet in Jaipur. “From hasty indiscriminate arrests to difficulty in obtaining bail, the process leading to the prolonged incarceration of undertrials needs urgent attention.”

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The CJI’s comment came close on the heels of a significant Supreme Court decision on Monday, which called upon the Centre to consider framing a new Bail Act to facilitate the grant of bail and “check on the tendency of investigating agencies to act like vestiges of the colonial era by indulging in unnecessary arrests”.

The judgment had noted the need to streamline the grant of bails as the majority of undertrial prisoners are not required to be arrested in cognisable offences punishable with less than seven years of the sentence.

Expressing concern over the burgeoning undertrial population, CJI said, “A grave issue affecting our criminal justice system is the high population of undertrials in our prisons. Out of 6.10 lakh prisoners in India in 1378 prisons, around 80% are undertrial prisoners.”

Union law minister Kiren Rijiju, who was also present on the dais, along with other Supreme Court judges and Rajasthan chief minister Ashok Gehlot, shared similar concerns.

Rijiju said, “In the Azadi ka Amrit Kal (75 years of Indian independence) 3.5 lakh prisoners are undertrials in our country, I urge the high court chief justices to take a more proactive role to impress district judges to release as many undertrials as possible as the Government of India has decided to give special remission to prisoners.”

He also urged the state legal services authorities to intensify efforts to provide legal aid to undertrial prisoners.

However, the CJI responded to the law minister by saying that the focus should be on release alone. “Our goal should not be limited to enabling mere early release of undertrial prisoners. Rather, we should question procedures which lead to such prolonged incarceration in huge numbers without a trial,” CJI Ramana said.

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The CJI focused on a holistic plan of action to increase the efficiency of the administration of criminal justice, which not only included training and sensitization of police and modernisation of the prison system but focused on judicial infrastructure and vacancies.

“I have been repeatedly highlighting two problems that the judiciary is encountering - Judicial vacancies and judicial infrastructure. I hope the Government expedites the process of filling up judicial ,vacancies,” CJI said. Rijiju, in his speech, referred to the growing pendency of cases in the country, which is gradually slated to reach the 50-million mark.

“In our Amrit Kal, we should have a justice system that is speedy and accessible. The pendency of cases in our country is touching 5 crore (50 million). What will be the situation after 25 years?” Rijiju said.

The CJI reminded the law minister that the National Legal Services Authority (NALSA), with its wide reach in the country, has turned out to be a highly successful model and could one day become the largest service provider in the country. “Along similar lines, I had proposed the creation of independent authorities for the development of judicial infrastructure both at the national and state level. Unfortunately, it did not take off. I hope the Government of India revisits the proposal.”

Inaugurating e-Mulakat and e-Parole initiatives launched by NALSA for prisoners, CJI said, “I am glad to see that two different initiatives for the benefit of the prisoners have been launched. Prisons are black boxes. Prisoners are often unseen, unheard citizens. Prisons have different impacts on different categories of prisoners, particularly those belonging to marginalised communities.”

Rajasthan chief minister Ashok Gehlot in his speech expressed concern over the recent tirade launched against two Supreme Court judges over their comments against suspended Bharatiya Janata Party (BJP) spokesperson Nupur Sharma.

Commenting on how 117 retired judges and bureaucrats were made to stand up against the two judges who expressed their minds, Gehlot said that “it is our duty to respect Supreme Court judges”.

He also flagged the high litigation fees charged by senior lawyers in the Supreme Court and noted the trend of retired judges seeking post-retirement posts.

Rijiju, too, mentioned exorbitant fees charged by lawyers in his speech.

He said, “People who are wealthy and resourceful get good lawyers. In Supreme Court, many lawyers are unaffordable for the common man.”

The Union minister also supported the idea of giving primacy to regional languages in high courts and trial courts.