SC takes exception over undertrial not being produced before court on 55 dates, orders probe

New Delhi, Dec 3 (PTI) Deprecating the Maharashtra Police's approach of not producing an undertrial prisoner before the trial court on 55 of the 85 dates, the Supreme Court has ordered a probe by the state's director general of prisons and asked him to submit a report.

A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra granted bail to one Shashi alias Shahi Chikna Vivekanand Jurmani, an accused in an attempt-to-murder case, but took serious note of the fact that despite the trial going on in the case, he was not produced before the court 55 times out of the 85 dates given by it.

Advocate Sana Raees Khan, appearing for the petitioner in the matter, submitted that the role attributed to her client is that of stabbing the deceased with a knife in the FIR filed by the informant who claims to be an eyewitness.

Khan told the bench on Tuesday that the accused was not produced before the trial court by police on 55 dates out of the 85 days of the trial.

"However, the statement of the victim who died after two months is that the petitioner assaulted the deceased with kicks and fist blows. Such contradiction belies the allegation. The post-mortem report shows that the deceased died due to surgical wounds. Hence, the role attributed to the petitioner does not correspond to the injuries as per the report," she submitted.

Khan further pointed out that the accused has been in jail for the last four years and charges are yet to be framed.

The bench said, "We are shocked at the conduct of the state authorities. The production of an accused before the court is not only to ensure a speedy trial but more importantly, as a safeguard so that the prisoner is not abused otherwise and he comes directly in contact with the court so as to air his grievances, if any, against the authorities.

"We find that there has been a grave infraction of such a fundamental safeguard, which is appalling and shocking. We deprecate the same," the top court said.

It directed the director general of prisons of Maharashtra, or whoever is the designated head of the state's prisons department, to conduct a personal inquiry into the matter, fix responsibility and take action against the persons concerned.

"It is made clear that if any attempt is made to protect or shield any person, the Director General of Prisons/Head of Department of Prisons to whom we are entrusting the inquiry, shall be personally held responsible for the same," the court said.

It clarified that the report shall be filed through an affidavit personally affirmed by the aforesaid officer within two months of the matter being listed.

"Coming to the merits of the present matter, we find that a case for bail has been made out. Accordingly, the petitioner be released on bail, subject to such terms and conditions as may be imposed by the concerned court," the bench said, while disposing of the appeal against a Bombay High Court order rejecting the bail plea.

The top court posted the matter to February 3 next year to consider the report of the director general of prisons of Maharashtra. PTI MNL RC