Waiting For JusticeThe State of Undertrials in Rajasthan Prisons

IntroductionWhat is to be addressed

18,873RAJASTHAN’S PRISON POPULATION AS ON 31 MARCH 2013

5,452Number of convictS

13,421Number of Under trials

This Essentially Means That…

For Every 1 Convict,

For Every 1 Convict, there are 2 Undertrials in Rajasthan Prisons

MandateGovernment intervention

According to the GO, the Samiti should meet EVERY MONTH to review cases of undertrials who…

11

22

33

Have completed half or more than prescribed punishment (now S.436A, Cr.P.C.)

Are accused of serious offences but have been undertrial for a ‘long period’ of time

Have committed such petty offence that there is no need to keep them in judicial custody

Purpose of the Samiti

KEEPING LIBERTY AS A PARAMOUNT VALUE…Established in by the Rajasthan Government

KEEPING LIBERTY AS A PARAMOUNT VALUE…Established in by the Rajasthan Government1979

Members of the SamitiChief Judicial Magistrate

Representative of District Magistrate

Representative of Superintendent of Police

District Probation Officer

Office In-Charge, District Prison

ProformasProforma AProforma A

Death, imprisonment for life or imprisonment for a term of not less than 10 years, completed 90 days under custody , investigations not concluded [S.167(2)(a)(i)Cr.P.C.]

Proforma CProforma C

Completed more than the maximum term of sentence [S.428 Cr.P.C.]

Proforma BProforma B

Term of imprisonment less than 10 years, completed 60 days, investigation not concluded [S.167(2)(ii)Cr.P.C.]

Proforma DProforma D

Non-criminal lunatics for observation for more than 30 days[S. 16 & 23 of Indian Lunacy Act, 1912]

How are Samiti meetings conducted

Letter is sent from Prison to CJM’s office to decide meeting dateLetter is sent from Prison to CJM’s office to decide meeting date

CJM decides the date and remaining 4 Members are notified about the meeting particulars

CJM decides the date and remaining 4 Members are notified about the meeting particulars

Lists are prepared by prison staff according to 4 Proformas (see below) for cases to be reviewed by the Samiti

Lists are prepared by prison staff according to 4 Proformas (see below) for cases to be reviewed by the Samiti

Minutes of the Meeting sent to all the Members & Courts for action

Minutes of the Meeting sent to all the Members & Courts for action

YES NOIs the next meeting date

decided by the CJM?

Review Meeting is held in the premises of the prison Review Meeting is held in the premises of the prison

ResearchOur findings

Collection of Data

Study Sample: 29 Prisons | 7 Central Jails & 22 District Jails

CJ Udaipur, DJ Gangapur city, DJ Jalore, DJ Jhunjhunu

TIME PERIOD: JUNE 2009 – JUNE 2010

Number of Meetings

Number of Meetings Held

Sri Ganganagar

Not a single district conducted all 13 meetings!

Number of Meetings

Names of Districts

1 Bharatpur, Bhilwara, Bundi, Dausa, Dungarpur, Jhalawar, Pali

2 Kota, Bikaner, Ajmer, Hanumangarh, Sirohi

3 Alwar, Dholpur, Baran, Barmer, Nagaur

4 Jaipur, Banswara, Jaisalmer, Sikar

5 Chittorgarh

6 Churu

7 Jodhpur, Pratapgarh

8

9 Karauli

10 Tonk, Rajsamand

11

12

13 Sri Ganganagar

Number of Meetings

No Specific Reason

No Specific Reason

CJM could not decide on meeting date

CJM could not decide on meeting date

Meeting not held due to busy schedule

Meeting not held due to busy schedule

Administrative ReasonsAdministrative Reasons

CJM / Superintendent on leave

CJM / Superintendent on leave

Reasons for Meetings not held

76% did not specify any reason for meetings not held

Attendance of Members

Irregularity of Meetings – Date of Meeting not decided in advance

Proformas not followed by the prison authorities inpreparing list of cases

Unrealistic Case Review - On an average, 340 (Central Jail) to 177 (District Jails) cases reviewed in single meeting

No set format or practice to record minutes and quality varied from prison to prison

No Action-taken Report provided by the respective courts to inform the Samiti about the case-wise progress made

Information about Samiti meetings not proactively disclosed – No provision to inform undertrial before or after the review

Issues That Need Attention

Root Cause of Irregularities

v/s

Formed by the Government but headed by a judicial officer

No Authority to monitor its working

ConclusionRECOMMENDATIONS

Before the Samiti Meeting Dates must be pre-set at least six months in advance

– ensure proper preparation and maximum attendance

Jail authorities must prepare jail-wise lists with strict adherence to existing proformas and following Additional Proformas:

a. Serious Offenders punishable with death or life imprisonment whose trial is continuing over two years

b. Petty Offenders punishable with imprisonment up to 2 yearsc. Undertrials completed half or more than the maximum term of

prescribed punishment [S.436A, Cr. P.C., 1973]d. Juveniles/whose age is contestede. Mentally ill [S.328–339, Cr. P.C., 1973]f. Persons detained under Chapter VII (Security For Keeping The

Peace And Good Behaviour) & S.151, Cr. P.C., 1973 – remove the possibility of arbitrariness in inclusion of names

During the Samiti Meeting Effectively review cases qualitatively, touching all

important aspects of each case – ensure that injustice is not perpetuated

On request, opportunity for Undertrial to appear in person

– facilitate disclosure of personal obstacles in obtaining bail

Inter-agency issues, like shortage of police escorts, benefit to petty offenders under supervision of Probation Officers, etc., must be discussed – ensure better coordination among various agencies

After the Samiti Meeting The outcome of the review must be shared with the undertrial

concerned – right to know the status/obstacles to one’s trial

Minutes of the Meeting:a. must be detailed and complete & all Samitis must follow a style

guideb. must indicate detail of each case reviewedc. must specify action taken on each case reviewed in the previous

meeting and indicate whether persons have been releasedd. must be sent in a timely fashion to all concerned

magistrates/judges of the districte. must also be sent to the High Court Judge overseeing that

district along with any comments from the CJM as necessary– ensure uniformity in the functioning of Samitis across the State

Other Recommendations Statutory Recognition to Avadhik Samiksha Samiti

Oversight and supervision by High Court Judge overseeing that district

A standard computerised data management system to maintain records of the prisoners in all prisons

List of prisoners under review during a month, proceedings of the Samiti and its records should be proactively put in the public domain under S.4 of the RTI Act

We are your RESPONSIBILITY!We NEED you!!

Thank you!

Prison Reforms Programme,

CHRI