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This is an archive article published on November 3, 2021

‘Delay in communication of bail orders affects liberty of every under-trial, convict’: Justice Chandrachud

Earlier, the SC had announced a plan to set up a system for swift and secure electronic transmission of its rulings to jail authorities so that prisoners who have been granted relief are not left waiting.

Justice Chandrachud on Wednesday stated, "the reason we need e-Sewa Kendra is because of the digital divide in India." (File Photo)Justice Chandrachud on Wednesday stated, "the reason we need e-Sewa Kendra is because of the digital divide in India." (File Photo)

Supreme Court judge, Justice D Y Chandrachud, has flagged the issue of delay in communicating bail orders of courts to jails, leading to a delay in release of people granted the relief.

“One of the very disturbing aspects is the delay in the communication of order of courts to prison establishments, including bails,” Justice Chandrachud said earlier this week while inaugurating model virtual courtrooms in Angul and Nayagarh districts of Odisha, and e-Custody Certificate System and Automated Email service for dissemination of case information, organised by Orissa High Court.

Justice Chandrachud recalled on Tuesday that he had “recently passed an order quashing preventive detention under the National Security Act solely on the ground that there was an unexplained delay at various stages in the communication of the orders, communication of the representations of the detenue”. He underlined the need to put technology to use to achieve the ends of speedy justice.

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The remarks come close on the heels of a debate over actor Shah Rukh Khan’s son Aryan having had to spend one more day in Mumbai’s Arthur Road jail after getting bail in the narcotics case against him and others.

Justice Chandrachud pointed out that around 5 lakh inmates are in prisons as of date, as per the National Prisons Portal.

The judge, who is also chairman of the Supreme Court eCommittee, said, “We are in the process of connecting prisons with courts so that every single inmate, undertrial and convict can be tracked and the respective courts can be alerted. Electronic communications between courts and jails will be established.”


Justice Chandrachud termed virtual courts, operating since the Covid-19 national lockdown, as the “new symbol and new image of the Indian judiciary”. Not only do they speed up trials but, more importantly, also provide dignity for all stakeholders “because by these initiatives, we send a message that we value the time of our citizens”, he said.

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Justice Chandrachud also stated that the judiciary is in the process of starting a very ambitious scheme of digitising court records across the country.

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