Release "under-trials" if they have served half-sentence: SC

The SC instructed the judicial officers all over the country to visit jails and release “under-trials” who qualify.

It has set a two-month deadline, ending December 1, for release of all under-trial prisoners who have served a period which is more than half the maximum sentence for their crime.

But, it also stated, those facing charges that warrant death sentence will not, however, be freed.

The top court has observed that of nearly four lakh prisoners across the country, nearly two-thirds, or 2.5 lakh, have spent years in jail without being convicted because of prolonged trial process prevalent in this country’s slow justice system.

The top court passed the order while hearing a petition on foreign prisoners kept in Indian jails far beyond the sentence for their offence.

The apex court said, though the law provides for the release of prisoners if they have completed half the sentence for their offence, the rule has been overlooked more often than not.

The apex court has asked all lower court judges to hold court once a week from October 1 inside the jails to facilitate passing orders for the release of such under-trials.

The top court also asked Centre to take lead in fast-tracking criminal justice system by increasing allocation to states for this purpose. 

The bench said, “To deal with 30 million cases we just have 16,000 judges in the country, which is the worst case-to-judge ratio in the world.”

It is expected that the order will provide relief to thousands of prisoners who have been languishing in jails waiting for their trial in courts.

“It is good that the SC has come out with this proposition, a corrective step,” said Congress leader PC Chako.