TMI Blog1979 (4) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... f that they should once again be able to breathe the air of freedom. But we find that there are still many more undertrial prisoners who fall within this category of persons who have been in detention for periods longer than the maximum term without their trial having been commenced. Mrs. Hingorani has filed before us at the hearing of the writ petition on 16th April, 1979 a second chart giving the names and particulars of some of these under trial prisoners who have not yet got the benefit of the earlier order made by us. There are 59 undertrial prisoners whose names and particulars are set out in this chart and we direct that they should be released forthwith as their continued detention is clearly illegal and in violation of their fundamental right under Art. 21 of the Constitution. There are also several other undertrial prisoners who are accused multiple offences and even if we were to proceed on the assumption that the State would be able to secure their conviction and maximum sentences would be imposed on them and such sentences would not be concurrent in accordance with the usual practice followed by the courts but would be consecutive, they have already suffered the aggreg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code of Criminal Procedure. A similar affidavit dated 4th April, 1979 has also been filed by Pradeep Kumar Gangoli, Superintendent of Muzaffarpur Jail along with a chart showing the dates on which petitioners Nos. 10, 11, 12, 13, 15, 16 and 18 who were previously confined in the Muzaffarpur Central Jail prior to their release on personal bond, were produced before the Magistrates in compliance with the requirement of the proviso to section 167(2). Bhuvan Mohan Munda, Superintendent of the Ranchi Central Jail has also filed an affidavit dated 12th April, 1979 together with a chart showing the dates on which some of the undertrial prisoners referred to in our Order dated 9th March, 1979 were produced before the Magistrates in compliance with the requirement of the proviso to section 167(2). It is apparent from these charts that some of the petitioners and other undertrial prisoners referred to in these charts have been produced numerous times before the Magistrates and the Magistrates have been continually making orders of remand to judicial custody. It is difficult to believe that on each of the countless occasions on which these undertrial prisoners were produced before the Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more than six months. It is a matter of great regret that such a large number of cases should be pending investigation for a period of more than six months and the number of such cases in relation to minor offences should be over seven thousand. It is difficult to understand why as many as seven thousand and odd cases relating to minor offences should remain pending investigation for more than six months. It is no doubt true that reasons have been attempted to be given by B. Srinivasan in a statement annexed to his affidavit, but we are not at all satisfied about the validity of these reasons, particularly in so far as investigation in relation to minor offences is concerned. One of the reasons given by B. Srinivasan in his statement is that in 10 per cent of the cases investigation is held up because of delay in receipt of opinions from experts. We find it difficult to appreciate this reason. We fail to see why the State Government cannot employ more experts or set up a larger number of testing laboratories or establish more forensic laboratories. It is also necessary to have more than one serologists in the State. This is a situation which the State Government can certainly reme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndertrial prisoners who have been in jail for periods longer than half the maximum term of imprisonment for which they could, if convicted, be sentenced, because we had given direction of a like nature also in regard to these undertrial prisoners in our judgment dated 9th March, 1979. We may point out that according to the law as laid down by us in our judgment dated 9th March, 1979, it is the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a lawyer to such accused person if the needs of justice so require. We do not know whether the State Government has set up any machinery for the purpose of providing free legal services to persons who are accused of offences involving possible deprivation of liberty and who are unable to engage a lawyer on account of poverty or indigence. This constitutional obligation cannot wait any longer for its fulfilment, since more than 30 years have passed from the date of enactment of the Constitution and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We had given direction by our Order dated 26th February, 1979 that the State Government should enquire into cases where the offence charged against undertrial prisoners are triable as summons cases, for the purpose of ascertaining whether there has been compliance with the provision enacted in section 167, sub-section (5) of the Code of Criminal Procedure. It is clear from this provision that if in any case tried by a Magistrate as a summons case the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate must make an order stopping further investigation into the offence, unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice, the continuation of the investigation beyond the period of six months is necessary. With a view to securing compliance with this provision we directed that if, in a case triable by a Magistrate as a summons case, it is found that investigation has been going on for a period of more than six months without satisfying the Magistrate that, for special reasons and in the interest of justice, the continuation of the investi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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