Sahib Aggarwal
How does it feel to hear about someone who is languishing behind those iron bars, for a period unchartered, even under the Book of law ?
Yes, some may read it, some may swallow and some may even digest it. I, to be honest, read it, swallowed it, but it was a little difficult for me to digest it. I leaned back and thought how would you and I feel if we were punished or rather made to ‘suffer’ for something we were not liable for ? It is gross injustice isn’t it? As stated by a great thinker and philosopher Plato-” To go to the world below, having a soul which is like a vessel full of injustice, is the last and worst of all the evils”. For those who are new to the term UTP- one who has been detained in prison during the period of investigation or trial for the offence they are accused of. There are many whose trial is still on and have been in jail for a period more than what has been actually prescribed under the law and the reasons attributed to this condition are lack of awareness amongst prisoners of their rights, ignorance on part of jail authorities, a bail system intrinsically linked to one’s financial well-being, inadequate legal aid, delayed trial etc. Despite all these issues having been well addressed by way of various recommendations, guidelines issued by many high level committees and the Supreme Court of India, there still exists a mystifying scenario affecting no one but the one who is stripped of all dignity, has even lost the will to live and the families whose dreams are shattered to get justice ever. But what is imperative is the implementation and not mere keeping a track of suggestions or ways out. Their condition is so deplorable that it even compelled the Supreme Court of India to take note of it almost 3 decdes back in Moti Ram Vs State of MP where it was observed that-
‘‘The consequences of pre-trial detention are grave. Defendants presumed innocent are subjected to the psychological and physical deprivations of jail life, usually under more onerous conditions than are imposed on convicted defendants. The jailed defendants loses his job if he has one and is prevented from contributing to the preparation of his defense. Equally important, the burden of his detention frequently falls heavily on the innocent members of the family.”
It is a task that has to be accomplished by the duo efforts of the Prison authorities and an efficient judicial system. In this context it was commendable on part of the Patna High Court which itself initiated a PIL (CW) C No. 7363 of 2006) for the cause and the better implementation of Section 436-A of the CrPC which provides for the release of a person on personal bond, in case he/she has been in custody for more than half the period of the sentence, he/she would have undergone if found guilty. Moreover, the amount, which is spent, on those in the prison who are eligible to go scot-free through the course of law, can be spent on numerous other developmental projects. There is also no provision in our law to compensate those who are found innocent at the end of their trial. Moreover provisions like section 436-A of the CrPC needs to be incorporated to raise the bar of our present judicial system.
Let justice be not a mere fantasy for the poor soul who has the same right as we all do under Article-21 of the Indian Constitution and should not be a waiver of one’s Fundamental Rights even after being locked up. Their right, to live in a way every free man should under this heavenly abode be given to them not on account of the mercy petitions filed but as a matter of right. I, as part of the Bar, hereby appeal to the nobler motive of Legal fraternity to take up the cause with full vigour and has been stated by a great professor and a political activist Elie Wiesel “there may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest”.
(The author is an Advocate)
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