Over 1,400 undertrials would have been freed if SC directions were followed: Govt to HC

In its submission, the government said that 1,460 male undertrial prisoners are currently lodged in Tihar jail for offences which are punishable with less than seven years of jail term. The submission was made in a status report filed by the Delhi government, in response to a batch of PILs on the issue of overcrowding in jails and prolonged detention of undertrial prisoners in Delhi jails.

The Delhi State Legal Services Authority (DSLSA) suggested that directions could be sent to district judges to hold consultations with trial judges to look into the release of undertrial prisoners accused of “less serious” crimes. DSLSA member-secretary Dharmesh Sharma said that while all prisoners could not be released, judges could consider those undertrials eligible for release on bail who have completed over half the maximum sentence that could be imposed while the trial was pending.

The court has also asked the Delhi government to give a detailed status report on the number of public prosecutors (PPs) engaged in all trial courts and the high court. The report was sought after it was pointed out that several undertrials were languishing in jail because the hearings on their bail pleas could not be completed due to lack of prosecutors. “Give us district-wise and court-wise details of the PPs and the infrastructure given to them,” said the bench.

In an affidavit, Tihar jail authorities said that of nearly 105 undertrials who had undergone over half of the maximum sentence during pendency of the trial, 54 have been released.

As many as 21 other prisoners have been released after completing over half of the sentence for the “lesser offence” committed by them.

Several PILs are being heard by the HC on the issue of overcrowding in jails and the alleged torture of prisoners. The bench had also taken up the issue of women undertrials being kept in jail for long
periods.