MUMBAI: Observing that physically bringing undertrial prisoners to the court is a ‘cumbersome procedure’ that consumes time, money and resources, the Bombay high court has directed they be produced via the videoconferencing (VC) mode.
Justice Bharati Dangre directed it is necessary that every court shall have a dedicated link and its technicalities shall be worked out with the Central Processing Complex assistance and the concerned department of the Maharashtra government, if at all there are any security concerns.
“If the dedicated links are allotted to the prison authorities, and time slots are scheduled by the respective Courts, which are also intimated in advance, production of the accused persons can be a simple procedure instead of carrying the prisoners physically to the Court,” said Justice Dangre adding it would necessitate more VC units in the prison as well as more screens in the Court, as every Court would require at least three screens to make it effective and practical.
The state must ensure necessary funds so that every court is equipped with screens and other VC facilities, said the HC while hearing a bail plea by TR Yadav whose lawyer said it was adjourned 23 times by the trial court as he was not produced before the court physically or through VC mode.
A report of Arthur Road jail said 250 prisoners are produced daily either physically or through 16 VC units available in jail, of which some are used for connecting the prisoners with their relatives. In Taloja jail, nearly 60 prisoners were produced before the court daily through physical or virtual mode through 19 VC units. Inmates complained of not being produced in court.
A report submitted by an amicus curiae Satyavrat Joshi appointed by the HC after a visit said that inmates not being produced before the court on several dates was “a cause for unrest among the prisoners.”
The report also refers to consistent complaints about the network connectivity and suggests better internet connection so as to make the VC facility more effective.
The advocate also pointed to certain flaws in the working of the VC mechanism, on his inspection of the VC facilities in the two major prisons, being non- non-allocation of a separate budget for the VC facility as well as its maintenance. He also emphasized “ on non-availability of technicians to operate the VC units. He would highlight that on interacting with the prisoners, they made a serious grievance about not being produced either through VC facility or in person on several dates’ ‘.
The HC asked prosecutor Y M Nakhwa to forward the reports to the home department to take necessary steps. He submitted a report by the Inspector of Prisons and Correctional Services which stated that 39 prisons in the state were given multiple VC units with the highest 21 units in Thane central prison.
“At various stages it may not be necessary to produce the accused, as production of the accused physically in court is a cumbersome procedure, which consumes time, money and resources,” Justice Dangre noted.
The judge said it was necessary that every undertrial prisoner must be produced before the court on an allotted date and every court has a designated link so that authorities do not have to search for the links at the eleventh hour.”
The HC, which will hear the matter next on December 4.
“Every Court which is entrusted with a trial and require production of any accused at any stage, it shall ensure that a date is allotted which is intimated to the prison authorities, through the Police Station In-charge, who acts as a Coordinator between the prison and Court, so that every under- trial prisoner is produced before the court either through VC or through physical mode” the HC order said.
Justice Bharati Dangre directed it is necessary that every court shall have a dedicated link and its technicalities shall be worked out with the Central Processing Complex assistance and the concerned department of the Maharashtra government, if at all there are any security concerns.
“If the dedicated links are allotted to the prison authorities, and time slots are scheduled by the respective Courts, which are also intimated in advance, production of the accused persons can be a simple procedure instead of carrying the prisoners physically to the Court,” said Justice Dangre adding it would necessitate more VC units in the prison as well as more screens in the Court, as every Court would require at least three screens to make it effective and practical.
The state must ensure necessary funds so that every court is equipped with screens and other VC facilities, said the HC while hearing a bail plea by TR Yadav whose lawyer said it was adjourned 23 times by the trial court as he was not produced before the court physically or through VC mode.
A report of Arthur Road jail said 250 prisoners are produced daily either physically or through 16 VC units available in jail, of which some are used for connecting the prisoners with their relatives. In Taloja jail, nearly 60 prisoners were produced before the court daily through physical or virtual mode through 19 VC units. Inmates complained of not being produced in court.
A report submitted by an amicus curiae Satyavrat Joshi appointed by the HC after a visit said that inmates not being produced before the court on several dates was “a cause for unrest among the prisoners.”
The report also refers to consistent complaints about the network connectivity and suggests better internet connection so as to make the VC facility more effective.
The advocate also pointed to certain flaws in the working of the VC mechanism, on his inspection of the VC facilities in the two major prisons, being non- non-allocation of a separate budget for the VC facility as well as its maintenance. He also emphasized “ on non-availability of technicians to operate the VC units. He would highlight that on interacting with the prisoners, they made a serious grievance about not being produced either through VC facility or in person on several dates’ ‘.
The HC asked prosecutor Y M Nakhwa to forward the reports to the home department to take necessary steps. He submitted a report by the Inspector of Prisons and Correctional Services which stated that 39 prisons in the state were given multiple VC units with the highest 21 units in Thane central prison.
“At various stages it may not be necessary to produce the accused, as production of the accused physically in court is a cumbersome procedure, which consumes time, money and resources,” Justice Dangre noted.
The judge said it was necessary that every undertrial prisoner must be produced before the court on an allotted date and every court has a designated link so that authorities do not have to search for the links at the eleventh hour.”
The HC, which will hear the matter next on December 4.
“Every Court which is entrusted with a trial and require production of any accused at any stage, it shall ensure that a date is allotted which is intimated to the prison authorities, through the Police Station In-charge, who acts as a Coordinator between the prison and Court, so that every under- trial prisoner is produced before the court either through VC or through physical mode” the HC order said.
