After SC deadline for undertrials,more than 250 Tihar inmates may walk free

“Courts concerned shall pass orders granting bail to such persons on furnishing sureties and on other requisite conditions. In cases where accused cannot furnish sureties,courts will consider,on a case-basis,the prospect of releasing them on furnishing personal bond,” said the bench.

The court order came after petitioner,advocate Vijay Aggarwal,had brought to the judges’ notice a Supreme Court order,which stated that in the cases of attempt to murder,accused should be released on bail if the trial is not over within two years of their arrest. For undertrials facing charges in cases of theft,kidnapping,cheating,counterfeiting,molestation etc,the apex court had fixed this period as one year.

Relying on this ruling,Aggarwal said there were hundreds of Tihar inmates,who should be immediately released since they have been languishing in jail for more than the time stipulated by the apex court.

On Wednesday,Najmi Waziri,standing counsel for the Delhi government,adduced a report,giving a chart of all the undertrials languishing in the jail under different charges.

After perusing it,the court asked the jail administration to zero in on such inmates,and give their details to the DLSA for a follow-up in courts.

The PIL alleged that undertrials constituted a whopping 67 per cent of the total prison population in India. There are 2,57,928 undertrial prisoners in India. The petition sought formulation of a policy under which the release of prisoners,serving seven years of imprisonment for the offence of cheating and forgery,be considered to decongest the jail.

“The present system shows injustice,discrimination and violations of constitutional rights which these undertrials suffer on account of the administration of the laws and rules,comprising the universal justice system in the country in a completely arbitrary and constitutionally impermissible manner,” the PIL stated.