‘Poor state of affairs’ in prisons, Punjab and Haryana High Court tells DGP to take necessary steps

Saurabh Malik

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Chandigarh, May 21

Taking cognisance of “poor state of affairs prevailing in the jails across the state” in one such matter, the Punjab and Haryana High Court has asserted that the Director General of Police (Prisons) would be “well advised” to look into the issue. The order’s copy was also directed to be forwarded to the officer “to look into the matter and take necessary steps”.

Right to speedy trial

The right to life and personal liberty granted by the Constitution of India also covers the right to speedy trial. Justice Manjari Nehru Kaul, High Court

All is not well with Punjab jails. Accused are not being produced before the trial court, despite the issuance of production warrants for securing their presence. As a result, the criminal trials are getting delayed unnecessarily.

Justice Manjari Nehru Kaul added the scant respect the authorities concerned had for the court orders was clearly discernible. The assertion came in a case where the accused was last produced before the trial court by jail authorities nearly nine months back.

Justice Kaul asserted the undertrials could not be left languishing for an indefinite period during the pendency of a trial for the reasons not attributable to them, except for some convincing and satisfactory reason for their incarceration.

“The right to life and personal liberty granted by the Constitution of India also covers the right to speedy trial. Therefore, when an undertrial has been in custody for a significant period of time and the trial is being held up for no fault on his part and the trial is not expected to conclude within a reasonable time, the court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for securing the personal liberty of an undertrial,” Justice Kaul added.

The matter was brought to Justice Kaul’s notice after an accused filed fourth bail plea in a drug case registered on January 4, 2020, at Sarai Amanat Khan police station in Tarn Taran district. Appearing on the petitioner’s behalf, counsel DS Pheruman submitted that the challan was presented way back in June 2020, but the charges were yet to be framed. He added that the case since then was repeatedly adjourned. The trial did not make progress and had come to a virtual standstill, even after the resumption of normal functioning. Pheruman added the petitioner was last produced before the trial court by jail authorities on August 17, 2021.

Allowing the plea, Justice Kaul said this was not the first instance which came to the court’s notice, where the accused were not being produced before the trial court, despite production warrants. The court deemed it fit to extend the concession of bail during the trial’s pendency as he was in custody for over two years.