The AAP government has informed the Delhi high court that over 1,400 undertrial prisoners can be released from jails if the Supreme Court’s order that arrests can be made only if they are required is followed.
A bench of Chief Justice G. Rohini and Justice Jayant Nath was also told that the trial court and the police were violating the Supreme Court direction, which attracts contempt of court proceedings against the authorities concerned.
The Delhi government’s senior standing counsel Rahul Mehra said if the Supreme Court order is followed that the police should not arrest persons unless they are required and courts should not authorise detentions in a mechanical manner, at least 1,460 undertrial prisoners will get the benefit, who can walk out of the jail immediately. He said 1,460 undertrial male prisoners were lodged in jails of Delhi for offences punishable with less than seven year jail terms.
Referring to the status report, Mr Mehra said that both the police and trial courts were responsible for putting these prisoners behind bars, so in violation of the Supreme Court direction they were liable to face contempt proceedings. He urged the court that some direction can be passed under Section 227 (if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing) of the CrPC.
Mr Mehra’s submission came in the backdrop of the court’s query which was sought during hearing of the issues related to overcrowding in jails and prolonged detention of male and female undertrial prisoners in Delhi. The Delhi State Legal Services Authority (DSLSA) said that the police officials were found to be violating the Supreme Court’s direction. The DSLSA said the court can issue directions to all the district judges to hold consultations with other judges to look into the release of undertrial prisoners.
The bench then asked the Delhi government to give a status report related to number of public prosecutors engaged in all trial courts and infrastructure provided to them. The report was sought after the court was told that many undertrials are behind bars because the hearings on their bail pleas could not be completed due to lack of prosecutors.
