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2014 (9) TMI 1214 - SC - Indian LawsGovernment of India’s plan in fast-tracking criminal justice in the country - maximum period for which an under-trial prisoner can be detained - HELD THAT:- Having given our thoughtful consideration to the legislative policy engrafted in Section 436A and large number of under-trial prisoners housed in the prisons, we are of the considered view that some order deserves to be passed by us so that the under-trial prisoners do not continue to be detained in prison beyond the maximum period provided under Section 436A. We, accordingly, direct that jurisdictional Magistrate/Chief Judicial Magistrate/Sessions Judge shall hold one sitting in a week in each jail/prison for two months commencing from 1st October, 2014 for the purposes of effective implementation of 436A of the Code of Criminal Procedure. In its sittings in jail, the above judicial officers shall identify the under-trial prisoners who have completed half period of the maximum period or maximum period of imprisonment provided for the said offence under the law and after complying with the procedure prescribed under Section 436A pass an appropriate order in jail itself for release of such under-trial prisoners who fulfill the requirement of Section 436A for their release immediately. The Jail Superintendent of each jail/prison is directed to provide all necessary facilities for holding the court sitting by the above judicial officers. A copy of this order shall be sent to the Registrar General of each High Court, who in turn will communicate the copy of the order to all Sessions Judges within his State for necessary compliance - the Home Secretary, Government of Jammu and Kashmir is directed to take immediate steps in respect of forwarding ’No Objection’ by the State Government to the Central Government for deportation of the prisoner-Hamid Numain Bhat, if it has decided not to challenge the discharge order. In that event, the ’No Objection’ shall be positively sent within four weeks. On receipt of ’No Objection’, if any, from the Government of Jammu and Kashmir, the Central Government shall take steps for his deportation as early as possible and in no case not later than four weeks from the date of receipt of the ’No Objection. Professor Bhim Singh, petitioner-in-person, invited our attention to the affidavit dated 16th July, 2013 filed on behalf of the Government of India by Mr. Vikas Srivastava in compliance of Order dated 08.05.2013. List all the matters on 08th December, 2014.
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