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Journalism of Courage
The Bombay High Court recently observed that it is necessary to bridge the gap between jail authorities and courts to ensure smooth functioning for production of undertrial prisoners before appropriate trial courts through video conference mode. It noted that jail authorities and trial courts are struggling to ensure a digital friendly atmosphere and issue of non production of the prisoners shall be resolved.
A single-judge bench of Justice Bharati H Dangre passed an order in a suo motu plea initiated by it on the issue of non-production of undertrial prisoners before various courts.
The court had initiated the said plea earlier this year, while hearing a bail plea by one Tribhuvansing Raghunath Yadav, who claimed that his bail application with the trial court was adjourned 23 times as he was not produced before the court physically or through videoconferencing mode.
On August 14, the bench said that it expected the state government would revert with a ‘fair stand’ to grievances related to non-production of the accused persons at the time of recording of the evidence. “All in the system shall make a concerted effort for its improvisation and ensure that the accused on every date, where his presence is required, is either physically presented in the Court or at least marks his appearance virtually,” the bench noted.
The court also asked Advocate Satyavrat Joshi, appointed as amicus curiae to visit other prisons in the state besides Arthur Road, Thane and Taloja jails and submit his report related to availability of facilities for virtual production of prisoners before the courts.
Additional Public Prosecutor J P Yagnik for the state submitted a July 2, 2024 communication addressed by the Central Project Coordinator, e-Courts Project to the state Deputy Director General of Police, and Inspector General (Prisons).
The said letter pertained to providing Google Meet licences for use of District and Taluka Courts and Video Conferencing System Units for e-Sewa Kendra in Maharashtra for conducting courts proceedings through video conferencing mode.
“It is no doubt true that the jail authorities are taking all steps to establish a digital friendly atmosphere and even the courts are struggling for that. It is, however, necessary to bridge a gap between these two authorities, by ensuring its smooth functioning,” the bench noted.
Posting next hearing to September 20, Justice Dangre noted, ‘with this spirit,’ the state government shall respond to the plea, and “in case, if there is any difficulty, there shall be no hesitancy in the mind of the jail authorities for placing the same before the High Court, so that solution can be worked out.”
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