NDPS - Under-trials Languishing in Jails - SC Frowns
A young boy accused of a petty crime had spent more than six years in a jail and was the darling of all the people in the jail. One day he was dancing in joy shouting, “mujhesajaa mil gaye” [I got the punishment]. The sentence was only two years and he was already in jail for more than six years! This is not a scene from a Bollywood movie, but the stark reality of Indian Legal System.
Recently the Supreme Court had to deal with the bail application of an accused in an NDPS case, who had already spent more than 12 years in jail. Had he been convicted, his maximum punishment would have been twenty years!
In an order delivered yesterday, the Supreme Court observed,
The Court is reminded of Justice Felix Frankfurter's immortal words in Antonio Richard Rochin Vs. People of the State of California, coincidentally a case pertaining to narcotics, wherein he described some types of conduct by state agents, although not specifically prohibited by explicit language in the Constitution, as those that "shock the conscience" in that they offend "those canons of decency and fairness which express the notions of justice."
Due process of law requires the state to observe those principles that are "so rooted in the traditions and conscience of our people as to be ranked as fundamental.
The laxity with which we throw citizens into prison reflects our lack of appreciation for the tribulations of incarceration; the callousness with which we leave them there reflects our lack of deference for humanity. It also reflects our imprudence when our prisons are bursting at their seams. For the prisoner himself, imprisonment for the purposes of trial is as ignoble as imprisonment on conviction for an offence, since the damning finger and opprobrious eyes of society draw no difference between the two.
The Supreme Court gave directions to the Government and all concerned that:-
1. No NDPS court would grant adjournments at the request of a party except where the circumstances are beyond the control of the party.
2. Courts should adopt the method of “session's trials” and assign block dates for examination of witnesses.
3. States should establish Special Courts.
4. More Forensic Labs should be established.
5. Steps must be taken by the concerned departments to improve the quality and expertise of the technical staff, equipment and testing laboratories.
6. Nodal officers be appointed in all the departments dealing with the NDPS cases, for monitoring the progress of investigation and trial.
7. Filing of the charge-sheet and supply of other documents must also be provided in electronic form.
We bring you this case today.