Physically producing undertrial prisoners to courts cumbersome, enhance video-conferencing facilities: HC to govt

A single-judge bench of Justice Bharati H Dangre passed directions while hearing a bail plea by one Tribhuvansing Raghunath Yadav argued through Advocate Vinod Kashid, who claimed that his bail application with trial court was adjourned 23 times as he was not produced before the court physically or through VC mode.

The HC had asked Advocate Satyavrat Joshi, appointed as amicus curiae in the matter along with Assistant Public Prosecutor Y M Nakhwa to visit the Arthur Road Jail and Taloja Jail and submit a report on VC facilities.

The report of Arthur Road jail disclosed that nearly 250 prisoners are produced daily either physically or through VC mode and there are 16 units for virtual mode facility available in jail, of which some are used for connecting the prisoners with their relatives and the remaining are used for court proceedings.

The report highlighted that there is a general complaint among the inmates that they are neither produced physically nor through VC. As regards Taloja jail, nearly 50 to 60 prisoners were produced before the court daily through physical or virtual mode through 19 VC units with a requirement of additional 50 such units. A similar complaint was made by inmates that the courts are not insisting upon production through VC. The complaints also pertained to network connectivity and the report suggested better internet connection to make the VC facility more effective for inmates.

Joshi pointed out the flaws in VC mechanism including no separate budget for facilities and maintenance and non-availability of technicians to operate VC units. He added that inmates not being produced before the court on several dates was “a cause for unrest among the prisoners.”

The HC asked prosecutor Nakhwa to forward the reports to the home department to take necessary steps. He submitted a report by the Inspector of Prisons and Correctional Services which stated that 39 prisons in the state were given multiple VC units with the highest 21 units in Thane central prison. The court was told that all 379 courts in Maharashtra are assigned with at least one VC unit.

“At various stages it may not be necessary to produce the accused, as production of the accused physically in court is a cumbersome procedure, which consumes time, money and resources,” Justice Dangre noted.

The bench added that production through virtual mode was required considering security reasons, non-availability of police personnel to accompany inmates to the courts among others and more screens were required in every court. The judge said it was necessary that every undertrial prisoner must be produced before the court on an allotted date and every court has a designated link so that authorities do not have to search for the links at the eleventh hour.”

The HC, which hear the matter next on December 4, further directed that every trial court shall ensure allocated dates for production of accused are intimated to prison authorities through the police station in-charge, who will act as a coordinator, so that every undertrial prisoner is produced before the court either through VC or through physical mode.