The Supreme Court has directed the Uttar Pradesh government to take proactive measures to ensure that undertrial prisoners who have been granted bail are actually released. The bench, led by Justice M.M. Sundresh, emphasized that prisoners should not remain behind bars simply because they are unable to fulfill financial conditions such as providing bail bonds, cash security, or obtaining a local guarantor.
This directive followed a review of data from 20 of the state’s 75 districts, which revealed that out of 264 prisoners granted bail, only 158 were able to secure their release. The remaining 106 prisoners continued to languish in jail due to their inability to meet the specific requirements set by trial courts. Gaurav Aggarwal, the court-appointed amicus curiae, noted that these statistics cover only a portion of the state, with data from the remaining 55 districts currently unavailable.
In a significant observation, the court clarified that District Legal Services Authorities must assist all eligible prisoners, including those who have engaged private legal counsel. The bench stated that there should be no differentiation between prisoners based on their legal representation when they face common hurdles in meeting bail conditions. Denying personal liberty due to financial constraints effectively compromises a prisoner's fundamental right to life under Article 21 of the Constitution.
The Supreme Court has further requested trial courts to modify bail conditions where necessary to facilitate the release of these individuals. The state counsel provided an assurance that the administration would complete the necessary actions within a reasonable time frame. The court has extended the scope of this order to cover all 75 districts in Uttar Pradesh and scheduled the next hearing for January 2027.
Key facts
- A total of 106 undertrial prisoners across 20 districts remained jailed despite being granted bail.
- The Supreme Court bench was led by Justice M.M. Sundresh.
- Legal assistance from District Legal Services Authorities must be provided regardless of private counsel.
- The court-monitored suo motu case is titled 'In re policy strategy for grant of bail'.
- The next hearing for the case is set for January 2027.
Why it matters
The court's intervention highlights a systemic issue where financial poverty acts as a barrier to judicial relief. By placing the onus on the state government, the Supreme Court aims to alleviate prison overcrowding and ensure that the right to liberty is not effectively nullified by an inability to provide monetary security.
Background
The Supreme Court has been actively reviewing policy strategies regarding the grant of bail to address the high number of undertrial prisoners currently held in Indian jails.
Source: The Hindu
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