The Punjab & Haryana High Court is concerned about undertrial prisoners not being brought to Trial Court, impacting their fundamental right to a fair trial.
In a bail application related to the NDPS Act, the Court noted the petitioner's non-production before the trial Court, resulting in the inability to frame charges.
Justice Kuldeep Tiwari emphasized the seriousness of the situation and required the ADGP (Prisons), Punjab, to submit an affidavit detailing the actions taken to ensure the presence of undertrial prisoners before the trial Court, either physically or virtually, by the next hearing date.
This occurred following the Court's request for an explanation from the Superintendent of Central Jail, Goindwal Sahib, and the Senior Superintendent of Police, Punjab, regarding the petitioner's repeated non-production in Court, despite being in custody since September 2021.
In response to the inquiry, an affidavit was submitted, revealing that the petitioner had not been presented before the relevant trial Court on several occasions, resulting in the inability to frame charges.
The Court highlighted that the petitioner's non-production before the trial Court by the jail authorities had stalled the trial's progress. Justice Tiwari remarked that these circumstances indicate a grave situation, as the undertrial prisoner's fundamental right to a fair trial had been violated due to the lack of his presentation before the trial Court by the concerned jail authorities.
Furthermore, the Court pointed out that despite requesting a detailed explanation, the jail authorities, in their compliance affidavit, merely offered a weak excuse by attributing the lapse to a shortage of police personnel due to their involvement in VIP duties on the relevant dates.
The bench also noted that when seeking guidance from the Attorney General of Punjab, he stated that the statements presented in the compliance affidavit dated 28.07.2023 were unsuitable from the beginning.
The Attorney General requested permission to withdraw the affidavit and submit a new one to comply with the orders. The Court granted this request, stating that he could file a fresh compliance affidavit, including the necessary explanations for the following:
The reason for not producing the petitioner before the trial Court, which hindered the trial Court from framing charges;
Inform this Court about the State of Punjab's future course of action to ensure undertrial prisoners' presence before the relevant trial Courts in NDPS Act cases, including the current petitioner.
TAGS: Listing November 22 No further adjournment Rights infringement Undertrial prisoner Non-production Trial Court
