Supreme Court expresses shock over failure to release under trials

The Supreme Court today berated three States – Uttar Pradesh, Maharashtra and Madhya Pradesh in strong words for refusing to release undertrial prisoners despite recommendation to that effect by the concerned District Legal Services Authority and Under Trial Review Committee..A Bench of Justices Madan B Lokur and Deepak Gupta minced no words stating that the “situation cannot simply be accepted”..This came after the Court took note of the affidavit filed by National Legal Services Authority, which had set out the state of affairs in different States..“…the affidavit filed by NALSA on or about 11.08.2017 indicates that a very large number of persons are still in prison in complete violation of their rights under Article 21 of the Constitution. This situation simply cannot be accepted. .The learned Attorney General suggests, and we accept his suggestion, that in view of the affidavit filed by NALSA, three State Governments i.e. States of Madhya Pradesh, Maharashtra and Uttar Pradesh should file an affidavit within ten days explaining why the recommendations of the Member Secretary of the District Legal Services Authority and the Under Trial Review Committee are not accepted and why persons are not released even though there is a recommendation for their release by the Member Secretary, District Legal Services Authority as well as by the Under Trial Review Committee which includes among others the District Judge, the Superintendent of Police as well as the District Magistrate.”.The Court proceeded to direct all State governments to file their affidavits within ten days while making it clear that no extension of time would be granted. It also recorded in its order that it may summon the Chief Secretaries of the three States if there is no satisfactory answer about why persons are not being released..“The affidavits be filed by the State Governments positively on or before 25th October, 2017. We make it absolutely clear that extension of time will not be granted. If necessary, we may be required to summon the Chief Secretary of these three States as suggested by the learned Attorney General if there is no satisfactory answer about why persons are not being released in spite of the recommendations made.”.As a closing remark, the Court in its order said,.“We are compelled to pass this order since we have been shown figures from the affidavit filed by NALSA, which indicate a pretty shocking state of affairs. We may also mention that in several instances more persons are released than are recommended either by the Member Secretary, District Legal Services Authority or by the Under Trial Review Committee. This should also be explained in the affidavit.”.The matter is now listed for hearing on October 31..The Supreme Court had issued a slew of directions last year to improve the conditions of prisoners and prisons. This included release of under trial prisoners by securing proper legal aid for them..Read the order below.