undertrial

Cauvery saga continues, SC ordesr 2,000 cusecs released: “On Monday, a high-level panel suggested doing away with ‘outdated and unscientific water application techniques’ to resolve the Cauvery wrangle, saying both Karnataka and Tamil Nadu were facing water shortage, creating unemployment and financial hardship for the people.” – Times of India

By: Legally India

SC rejects BCCI ask for review petition of Lodha reforms: “The BCCI and its senior lawyer Kapil Sibal would have banked on the scheduled hearing of the Supreme Court review petition on Tuesday, but instead faced a setback with the apex court dismissing the board's review of an order passed on July 18.” - Times of India

SC looks into Delhi garbage: “’I have seen some TV reports in which it was pointed out that people are dying (due to lack of garbage disposal). What are you doing,’ a bench led by Justice Madan B Lokur asked Solicitor General Ranjit Kumar, who was appearing for the Delhi Chief Secretary.” – Indian Express

SC rejects challenge to special 2G court jurisdiction: “A bench of Justices JS Khehar and Arun Mishra also rejected one of the petitions of South Asia Entertainment Holding Ltd, an accused in the case, in which it had claimed that Aircel-Maxis case was not related to 2G spectrum scam. During the hearing, senior advocate Kapil Sibal, who was appearing for the firm, argued that “procedural right” of the accused to approach the high court against the interlocutory order of the special 2G court must be kept intact.” - Indian Express

US judge takes off robe to restrain defendant in court room: “’Tase his a– right now!’ McBain shouted, as he threw off his judge’s robe, ran over to the two men and then physically helped pin Larson to the ground. Throughout the scuffle, Larson is heard cursing periodically.” – Washington Post

Was Justice Gautam Patel’s popular IndiGo order too funny? “Some might argue that the mere presence of humour ridicules the parties and therefore, should be completely avoided. I submit that this is an unreasonable stance to take, as it strips judges of the opportunity make use of the advantages of humour (outlined above). Hence, a reasonable stance seems to be to strictly avoid humour in cases of life and death, and to avoid, in all cases, that kind of humour that derives itself out of making fun of parties directly.” – SpicyIP / The Order

SC holds not rape as victim was sexually active, did not scream and “betrays somewhat submissive and consensual disposition”: “Is it rape only when the victim screams and fights back? A Supreme Court verdict calls for a debate” – Scroll / Times of India

India has as many undertrials as Barbados has people: “As many as 122,056 undertrial prisoners (43%) have been detained for more than six months to more than five years by the end of 2014. Many of them have remained in prison for more than the period of punishment they would have got had they been convicted.” - India Spend

When an undertrial gets produced in court thrice a year it costs the government Rs 1,000. But now, undertrials need not be produced in courts as trial court proceedings can go ahead through video conferencing, which will help the government save Rs 100 crores per year. The facility is being installed at almost all district courts through the eProject piloted by the Supreme Court’s eCommittee headed by Justice Madan Lokur.

reported the Times of India.

National Human Rights Commission (NHRC) chairperson and retired Chief Justice of India (CJI) KG Balakrishnan yesterday said overcrowding in Indian prisons can be reduced if the number of undertrials is brought down.

“If a charge sheet is being filed and there is no indication that the accused may influence witnesses or the evidence, what is the reason for keeping him behind bars,” Balakrishnan told IANS on the sidelines of a two-day national seminar on prison reforms.

“Overcrowding of prisons may lead to the violation of various basic human rights of inmates. The prisons are for convicts and not for undertrials,” he said. He also said that steps should be taken to decrease problems in jails. “State governments should invest to build more jails and improve infrastructure,” he said.

He said prisons come under states and the high courts can make a major contribution in directions to state governments on prisoners’ complaints about lack of infrastructure facilities, food, hygiene and healthcare.

NHRC member Justice (retd.) Cyriac Joseph said prisoners were also entitled to basic human rights within the limitations of prisons. Many prison and government officials attended the seminar and informed the participants on the status of the prisons in their respective states.

Katju NGO, with “mandate of the people”, to be inaugurated on 15 April.

Exclusive: Members of NLU Delhi's legal aid committee have won their first release of an undertrial prisoner languishing in Tihar jail for two years for the theft of a Rs 1,000 wallet.

Over 7 lakh undertrial prisoners have been released in the last year-and-a-half following a joint initiative by the government and High Courts of India, according to law minister Veerappa Moily, seeking to reduce prison populations.

The Indian criminal justice system is near to breaking point as 300,000 people or 70 per cent of India’s prison population consists of those awaiting trial facing a morass of judicial delays, according to a research paper discussing the current state of the Indian criminal justice delivery system.