SC ordered to free all undertrials who have served over half of their sentence

SC ordered to free all undertrials who have served over half of their sentenceNew Delhi: The Supreme Court of India on Friday had ordered to release all undertrials who had served over half of the maximum punishment for the crime under which they had been charged.

More than two-thirds of India’s nearly four million prisoners are awaiting trial, according to Amnesty International, and many have already spent years in prison.

Indian law states that prisoners awaiting trial must be released once they have served half the maximum sentence they would receive if found guilty, but that law is rarely implemented.

The court has directed all judicial officers to start visiting jails from October 1 and file a report after two months on prisoners released by them. The apex court also expressed concern over lack of budgetary support to judiciary and asked the Centre to grant more funds to create infrastructure.

On Friday the country’s chief justice R.M. Lodha said prisons across the country must comply with the law, and ordered local judges and magistrates to oversee the process.

A bench comprising Chief Justice RM Lodha and justices Kurian Joseph and RF Nariman had said, “This is a very serious matter. There are over 31,000 Scheduled Tribe (ST) and Scheduled Caste (SC) undertrial prisoners. This is the obligation of states and every state has to take care of undertrial prisoners.”

The bench took a jibe on Centre and said, “You (Centre) act as a nodal agency. Talk to the states. You cannot remain as a mute spectator.”

Bureau Report

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