NEW DELHI, Sept 1:
The Central Information Commission has directed the Home Ministry to ask the authorities of the country’s jails to prepare lists of undertrial prisoners, who have completed half of the maximum period of imprisonment prescribed for their alleged crime and supposed to be released, and inform them about their date of release.
The CIC order has come on the plea of an RTI applicant who had sought information from Tihar Jail authorities whether Undertrial Review Committee (URC), which is set up to decide on release of such undertrial inmates, have been constituted but did not get complete information.
According to Section 436-A of the CrPC, undertrial prisoners can be detained only half of the maximum period of imprisonment prescribed for the alleged crime for which they have been charged. This does not prevail upon offences for which the punishment of death has been specified as one of the punishments.
The Supreme Court had directed that jurisdictional Magistrate, Chief judicial Magistrates, or Sessions Judge shall hold one sitting in a week in each jail/prison for two months commencing from October 1, 2014 for the purposes of effective implementation of Section 436-A of the Code of Criminal Procedure.
“In its sitting in jail, the above judicial officers shall identify the undertrial prisoners who have completed half period of the maximum period or maximum period of imprisonment provided for the said offence under the law and after complying with the procedure prescribed under Section 436-A pass an appropriate order in jail itself for release of such under-trial prisoners who fulfill the requirement of Section 436-A for their release immediately,” it said.
The Commission directs the Home Department to issue directives to all Jail authorities to prepare the list of undertrial prisoners supposed to be released from time to time at least for every quarter, informing the fact of their release, Information Commissioner Sridhar Acharyulu said in his order.
Acharyulu said the Commission finds it necessary and appropriate for the Undertrial Review Committee to issue necessary instructions providing release related information to the concerned periodically for effective implementation of Section 436-A and directions of the Supreme Court.
The Commissioner said even a single day delay in release of under-trial prisoners, who are entitled to such release as per Section 436A, will amount to serious violation of their right to life under Article 21 of Constitution.
“For this violation no amount of compensation would be sufficient,” he said.
The Commission directed the authorities of Tihar Jail and Rohini Jail, to provide latest status on the implementation of the Central directive dated January 17, 2015, and proposed list of prisoners to be released, review committee meetings etc within 20 days from the date of receipt of this order to the appellant, which shall also be disclosed on proactive disclosure of the RTI Act.
“The respondent authority has to prepare FAQs on this subject and upload the same into the official website within one month from the date of receipt of this order, to facilitate the under-trial prisoners to seek release on bail as per Section 436A of CrPC and judicial orders,” it said. (PTI)
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