Case Law Details
Sonadhar Vs State of Chhattisgarh (Supreme Court of India)
In a notable development, Justice Sanjay Kishan (SK) Kaul, an esteemed Supreme Court Judge and the Executive Chairperson of the National Legal Services Authority (NALSA), expressed grave concerns about the plight of undertrial prisoners in India. Speaking at the launch of the Under Trial Review Committee (UTRC) Special Campaign 2023 by NALSA on September 18, 2023, Justice Kaul highlighted the alarming situation where individuals languish in jail for years as undertrials without their cases being heard. This article delves into the distressing trend of undertrial incarceration, Justice Kaul’s statements, and the legal reforms aimed at addressing this issue.
It definitely cannot be ever taken for granted when none other than one of the most eminent, experienced and erudite Supreme Court Judge – Justice Sanjay Kishan (SK) Kaul who is also the Executive Chairperson of the National Legal Services Authority (NALSA) himself has on September 18, 2023 publicly expressed his most serious concerns about the sad plight and traumatic situation of undertrial prisoners who keep languishing in jail for years and years without their case being heard even once. While speaking most elegantly, most eloquently and so also most effectively at the launch of Under Trial Review Committee (UTRC) Special Campaign 2023, by the National Legal Services Authority (NALSA), Justice SK Kaul minced just no words to say in no uncertain terms that, “We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately.” This is indeed most unfortunate and more earnest efforts must be definitely made by the governments both State and so also the Central to ensure that no accused is kept in jail only because he/she has no money to finance a lawyer to fight a case.
Adding more to what is stated hereinabove, the Apex Court Judge – Justice Sanjay Kishan Kaul further hastened to add that, “This is a disturbing trend which I find, where people remain behind bars as undertrial, and the presumption is, whether they are able to get the conviction or not, this is what may be the punishment or sentence is.” Can on earth there be anything more unfortunate than this? It is because of this unpalatable truth and to help such needy undertrials that the Under Trial Review Committee (UTRC) Special Campaign is being undertaken from 18th September to 20th November, 2023 across all the districts of India.
Needless to say, the campaign will also undoubtedly accelerate the existing functioning of the Under Trial Review Committees (UTRCs), which are district level bodies that are headed by the respective District and Sessions Judges with the District Magistrates, Superintendents of Police, Secretaries, District Legal Services Authorities and Officers-in-Charge of Prisons as its member. It must be specially noted here that the UTRCs which have been constituted in furtherance of the most commendable directions of the Supreme Court of India in the case of In Re-Inhuman Conditions in 1382 Prisons in 2015 have in the last five years so very commendably in the paramount interest of the undertrial prisoners recommended the release of over two lakh prisoners which ultimately has culminated in the release of 91,703 prisoners across India. It would also certainly not be out of context to mention here succinctly that the NALSA’s campaign ‘Release_UTRC@75’ that was laudably undertaken in July and August of 2022 had eventually led to 47,618 recommendations for release of prisoners out of which 37,220 prisoners were then finally released.
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