Tripura High Court
Antil vs Central Bureau Of Investigation & Anr. ... on 28 August, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
HIGH COURT OF TRIPURA
AGARTALA
W.P.(C)(PIL)12/2022
Court on its own motion
Versus
The State of Tripura ----Respondent(s)
Court on its own motion For Respondent(s) : Ms. A. Chakraborty, Advocate HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH Order 28/08/2024 A report has been submitted by the Registrar (Judicial) containing the status of the Under Trial Prisoners from all the District & Session Judges. A report has also been submitted by the Inspector General of Prisons as per our Order dated 7th August, 2024. Office notice also indicates that a meeting was held in the chamber of learned Advocate General in presence of Member Secretary, TSLSA and Inspector General (Prisons) and also the Registrar (Judicial). Ms. A. Chakraborty, learned counsel for the respondent submits that some more information has been sought for by Inspector General (Prisons) in relation to the report submitted by the Jail Superintendent as they do not tally with the report of the District Legal Services Authority.
From the common statement relating to Under Trial Prisoners submitted by the Inspector General (Prisons) and the District & Sessions Judges of different Districts, we find that in many such cases though the bail conditions have been modified, the Under Trial Prisoners have not been able to furnish the bail bonds and secure their release. Some of these also relate to serious offences including under NDPS Act.
A report of the Member Secretary, TSLSA dated 27th August, 2024, is at Flag 'F', which compiles the steps taken by the 8 (eight) DLSA in compliance of the directions of the Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation & Anr. and in SM WP(Crl) No. 4/2021 with respect to 133 un-released Under Trial Prisoners who could not meet the conditions of bail. This report gives an impression that steps have been taken by District Legal Services Authority to relax the bail bond amount by modification of the bail conditions through the Legal Aid Defence Counsel (LADC). It appears that bail bond amounts have been reduced in some of the cases. However, for example in PRC(WP) 374 of 2024, pending before the court of Judicial Magistrate, 1st Class, West Tripura, there are atleast 6 orders of modification of the bail bond amounts.
It appears that despite strict directions passed by the Apex Court in Satender Kumar Antil (supra) and in SM WP(Crl) No. 4/2021 several Under Trial Prisoners have not been able to come out of Jail despite grant of bail due to excessive bail conditions or failure to furnish sureties. Therefore, we deem it proper to direct the Judicial Academy to organize a Refresher Course of the concerned stakeholders so that all steps to ensure release of the Under Trial prisoners upon grant of bail can be effectively taken. This exercise at the first instance would involve the Presiding Officers of the concerned court where the Under Trial Prisoners are lying in jail despite grant of bail. The Jail Superintendents of concerned Districts should also be part of this Refresher Course apart from all the Secretaries of District Legal Services Authority and the Member Secretary of TSLSA.
The Refresher Course can be held on 08.09.2024 for half of the day. Let the order be communicated to the Director, Judicial Academy, the Registrar (Judicial), the learned Registrar General, learned Advocate General and Inspector General (Prisons) for ensuring compliance and participation of the concerned officers. The order be also communicated to the Member Secretary, TSLSA for participation of the DLSA functionaries in the Refresher Course.
The Director, Judicial Academy, would prepare a case material for the participants.
We expect that such exercise would yield fruitful results in the matter of release of Under Trial prisoners who have been unable to fulfill the bail conditions.
Let the matter be listed on 25.09.2024.
Meanwhile, further reports can be obtained by the Registrar (Judicial), Inspector General (Prisons) and the Member Secretary, TSLSA from the concerned quarters.
The office of the learned Advocate General, Registrar (Judicial), and the Member Secretary, TSLSA, shall share their reports.
(ARINDAM LODH),J (APARESH KUMAR SINGH), CJ
Digitally signed by
SAIKAT KAR SAIKAT KAR
Date: 2024.08.30 15:59:24
+05'30'