Prison officials to report to Karnataka HC on undertrials after man languishes for 4 years without court production

The undertrial had been languishing in prison since his arrest in 2021 in the drug case after being unable to provide a surety of Rs 1 lakh for release, when he was granted bail by a local court in December 2021. He had not been produced in court for four years even after the trial in the drug case began early last year, the court was informed.

Taking a serious view of the issue, the high court summoned the DIG of prisons and the deputy commissioner of police for the Whitefield region to appear in court on February 21 with a warning that it would order the prisoner’s release if an explanation was not given.

“If the petitioner was in judicial custody in a case, which was pending before the same Police Station or registered by the same Police Station, it is shocking as to how the police sitting in the chambers without going to execute the NBW has rendered the statement that the accused was not traceable,” Justice M Nagaprasanna said in his order on February 20.

“Put your prison in order. Should this court pass an order to produce an undertrial in the court concerned? Highly incorrect. Accused are also human beings,” the court said in an oral remark.

On February 21, Advocate-General Shashikiran Shetty appeared in court. The high court noted his submission that a departmental inquiry had been ordered against a head constable who reported Imran as untraceable while he was in jail and that action would be initiated and reported to the court.

The high court also noted the submissions that the accused was not produced in the court even via videoconferencing in the past four years and that the matter was adjourned several times on account of the prisoner’s absence.

“The DIG (Prisons) undertakes before this court that appropriate steps would be taken to identify all those persons who have not been produced before the court in the next 2 weeks, and place a report before this court as to what steps they have taken to identify and not repeat the same anomaly in not bringing the prisoners before the court and the courts adjourning the matter for appearance,” Justice Nagaprasanna noted in his order.