Research › Search › Judgment

Patna High Court · body

2006 DIGILAW 703 (PAT)

In Re News Reports Published In The Times Of India v. State Of Bihar

2006-08-14

J.N.BHATT, SHIVA KIRTI SINGH

body2006
Judgment J. N. Bhatt, C. J. and Shiva Kirti Singh, J. 1. This matter has been taken up by this Court as suo motu Public Interest litigation, in view of the amended provision of Sec.436-A of the Code of Criminal procedure, 1973 (hereinafter referred to as "the Code"), which came to be enforced by virtue of a notification of the Government of india with effect from 23rd June, 2006. The learned Additional Advocate General ii, Mr. S. K. Ghosh appears for the State whereas learned amicus curiae Mr. Ambar nath Banerjee has also appeared and assisted the Court. Pursuant to our direction contained in our last order dated 2.8.2006, both the counsels have submitted their written suggestions for the efficient and effective enforcement and implementation of the amended provisions of sec. 436-A of the code introduced by "the Code of Criminal procedure (Amendment) Act, 2005 (No.25 of 2005)", which prescribes, statutorily, the maximum period after which an Under Trial prisoner not facing a charge punishable with death, becomes entitled to seek bail. According to the affidavit filed on behalf of State, at present, the number of such under-trial prisoners is 247. It can vary with passage of each day. 2. We have heard the learned Additional advocate General, as well as, the learned amicus curiae and have enjoyed the benefits of their suggestions which were taken on record. According to the affidavit filed on behalf of State, at present, the number of such under-trial prisoners is 247. It can vary with passage of each day. 2. We have heard the learned Additional advocate General, as well as, the learned amicus curiae and have enjoyed the benefits of their suggestions which were taken on record. Sec.436-A of the Code, as introduced by the amendment, reads as under : "436-A. Maximum period for which an under trial prisoner can be detained.-Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties : provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties : provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.- In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded. " 3. In view of the submissions and written suggestions, we propose to pass the following directions for efficacious enforcement of the benevolent provision of sec. 436-A of the code:- (i) Where any Under Trial Prisoner (U. T. P.) is entitled to the benefit of the provisions of sec. 436-A of the Code, quoted hereinabove, the Superintendent of the Jail concerned where the U. T. P. is in custody shall inform such person or persons about such entitlement and his right with a written intimation to the Presiding Officer of the Court concerned where he is proposed to be tried, as well as, the Jail Cell, which we propose to constitute hereinbelow under the auspices of the Bihar Legal Services Authority. The Jail Superintendent and the Jail Cell shall ensure that the requisite actions are immediately taken for the enforcement of the aforesaid provisions in favour of those inmates who are eligible for the same as also to provide legal aid to the needy u. T. P. in terms of the provisions of the Legal Services Authority act, 1987, as well as, Rules and regulations made thereunder by the Bihar State Legal Services Authority Act. (ii) We request the Member Secretary of the Bihar State Legal Services authority to place this matter before the Hon ble Executive chairman of the Bihar State Legal services Authority for the purpose of constituting a Jail Cell for the districts, as well as, for the Sub-Divisions where the Legal Services committees are functioning. It will be within the discretion of the Hon ble Executive Chairman to decide the number of members of such Jail Cell and to cast duties on them and they will also have discretion to direct the Jail Authority to assist the Jail Cell for expeditious implementation of the aforesaid provisions of section 436-A of the Code. (iii) The Jail Cell or the Authority or the Committee concerned shall have free hand in evolving the procedure so as to regularly monitor such cases of U. T. P. who, in course of time, may become entitled to the benefits of provisions of sec. 436-A of the code and to give effect to them the Jail Superintendent, as well as, the District Authorities shall be rendering assistance as and when required by the District Legal services Authority, Sub-Divisional legal Services Committee or the Jail Cell. To monitor further progress in the matter, let it be listed after two months in the same list. Let a copy of this order be given to the learned Counsel for the parties. Ordered accordingly.