New Delhi, March 12 (IANS) The Delhi High Court on Tuesday directed authorities in the national capital to develop a standard operating procedure (SOP) to ensure the release of jail inmates granted bail within 48 hours.
In February, the court initiated a suo motu petition to address the concerns surrounding delays in the acceptance of bail bonds by Jail Superintendents, thereby hindering the timely release of accused or convicts.
On Tuesday, a bench of Acting Chief Justice Manmohan and Justice Amit Mahajan, stressed the need for expeditious release, particularly in cases involving emergencies like attending funerals, or marriages.
It asked the Delhi government counsel to draft an SOP and submit a fresh affidavit within 10 days.
As counsel said potential delays in inmate release are due to police verification of surety details, citing an existing police circular with set timeframes for verification, the court, noting the challenges faced by indigent inmates, stressed the importance of promptly releasing individuals granted bail, especially those represented by legal aid lawyers who may struggle to follow up effectively.
The court stressed the urgency of the matter, suggesting a compressed timeframe of 5-6 hours for special emergencies like funerals.
Recognising the overcrowded conditions in jails, the court proposed leveraging technology to streamline processes and expedite releases.
Furthermore, the court urged the Delhi government lawyer to consult with Jail Superintendents and the Director General of Prisons to identify necessary steps and resources for addressing delays in inmate release.
Justice Mahajan had, last month, raised the issue noticing the procedural delays that often negate the immediate benefits intended by bail orders.
The court frequently directs that bail bonds be furnished directly to Jail Superintendents to expedite the release process, bypassing additional steps that could delay an accused or convict’s release. However, the practice has been marred by significant delays, with reports suggesting it takes about one to two weeks for a bail bond to be accepted by the Jail Superintendent.
The matter came to light during a case where despite the court’s suspension of a convict’s sentence for four weeks, the individual remained incarcerated due to the delay in bail bond acceptance.
This incident prompted the court to address the issue, noting the principle that even a single day’s deprivation of liberty is a day too many, as reiterated by the Supreme Court. The court had last time referred to the ‘FASTER’ procedure, established by the Supreme Court to ensure the Fast and Secured Transmission of Electronic Records, including bail orders, to jail authorities, aiming to minimise such delays.
While Additional Standing Counsel Nandita Rao had suggested that the case might be an exception rather than the norm, the court had asked for an appropriate affidavit to be filed.
The matter will be next heard on April 1.
–IANS
spr/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by BhaskarLive.in and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of BhaskarLive.in We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, BhaskarLive.in takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
