Delay in communication of bail orders impacts liberty, wants redressal at ‘war footing’: SC decide

Supreme Court decide Justice D Y Chandrachud on Wednesday pushed for the digitisation of authorized processes, stating that the delay in communication of bail orders to the jail authorities is a “very serious deficiency” because it “touches upon the “human liberty” of each under-trial and convict.

Speaking at an internet occasion, the decide referred an initiative being launched on the Orissa High Court by Chief Justice S Murlidhar, the ‘e-custody certificate’.

“That certificate will give us all the requisite data with regard to that particular under-trial or convict, right from initial remand to the subsequent progress of each case. This will also help us in ensuring that bail orders are communicated as soon as they are made, from the place they are communicated, to the jails for immediate implementation,” Justice Chandrachud stated.

Recently, Bollywood actor Shah Rukh Khan’s son, Aryan Khan, had spent an additional day in jail, regardless of being granted bail by the Bombay High Court as his release orders had not reached the bail field outdoors the Arthur Road Jail on time, in accordance with jail authorities.

Highlighting on the necessity for a redressal system, Justice Chandrachud stated, “A very serious deficiency in the criminal justice system is the delay in the communication of bail orders, which we need to address on war footing. Because this touches upon human liberty of every under-trial, or even a convict who has got suspension of sentence.”

He was talking at an internet occasion organised by the Allahabad High Court to inaugurate digital courts and ‘e-Sewa kendras’ to facilitate on-line authorized help to litigants.

Earlier this 12 months, a Supreme Court bench headed by CJI N V Ramana had taken suo motu cognisance of the delay within the launch of 13 prisoners from Agra Central Jail regardless of the court docket granting them bail. The bench had introduced a plan to arrange a system for swift and safe digital transmission of its rulings to jail authorities in order that prisoners who’ve been granted reduction are usually not left ready for a licensed order copy with a view to be launched.

“In this age of information and communication technology, we are still looking at the skies for the pigeons to communicate the orders,” the CJI had then remarked.

In September, the apex court docket had given the go-ahead to implement a system for digital transmission of its orders referred to as FASTER (Fast and Secured Transmission of Electronic Records). “The FASTER system proposes transmission of e-authenticated copies of interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel,” the court docket stated.

Speaking on the significance of e-Sewa Kendras, Justice Chandrachud on Wednesday said, “the reason we need e-Sewa Kendra is because of the digital divide in India. A large part of the population does not have personal access to computers, though of course now smartphones are proliferating even in our rural areas. But there is this great digital divide and the members of the bar are representative of society at large.”

He said that digital courts are equally essential, highlighting that they’ve been arrange in 12 states for adjudicating site visitors challans.

“Now you can imagine that for a common citizen who has a traffic challan, to spend a day away from daily wages and to go to court to pay for the traffic challan is not productive. On the other hand, if virtual courts are dovetailed with a nationalised bank where challans can be paid electronically, it is a win-win situation for the citizen,” the decide stated.

He additionally pushed for the incorporation of Information and Technology to remediate the difficulty of the big variety of pending instances, noting that nearly three crore legal instances are pending in district courts.

Justice Chandrachud added that legal instances stay pending as a result of the accused stay absconding, “particularly after bail is granted, and secondly, due to non-appearance of official witnesses during the course of the criminal trial for recording evidence. We can use information and communications technology here also. This is what we are working on presently in the e-committee of the Supreme Court,” he stated.

— With inputs from Live Law, PTI


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