Moily promises release of two lakh undertrials

NEW DELHI: The saga of around 200,000 undertrials in jails across the country may come to an end within six months. Law minister Veerappa Moily announced the plans for speedy liberation of undertrials on Monday,
saying it was “challenging but achievable”.

The aim is to reduce the number of undertrials languishing in jails by two-thirds by July 31, he said, a day before the exercise is to take off. There are over 300,000 undertrials in India which means 70% of the jail population. Only 30% are actually convicted and imprisoned.

“Of the undertrials, roughly around 200,000 have been in jail for several years essentially because of delays in the justice delivery system,” the law minister said at a press conference.

The government, which proposes to operationalise the mission on “law day”, has asked chief justices of high courts to identify undertrials who are not involved in heinous crimes and whose cases can be expedited.

The plan, which will fast track the criminal justice system and decongest jails, is part of the national legal mission which aims at guaranteeing access to justice for every citizen. It has been cleared by the Union cabinet “in principle, according to Mr Moily.

He said government will institute permanent measures to ensure that miscarriage of justice that has led to such a large population of undertrials does not recur.

Chief justices of state high courts have been asked to prepare a report “as fast as possible” about the people in jails, their offenses, the nature of cases and the maximum punishment they can invite.

A special task force of lawyers and state law officers will be constituted for the purpose.

However, Mr Moily made it clear that undertrials involved in heinous crimes and crimes related to national security cannot benefit from the move. “This doesn’t apply to preventive detention. It has nothing to do with national security. It is applicable to criminals and accused involved in minor crimes,” he said.

At a conference in August, Prime Minister Manmohan Singh had expressed concern about undertrials remaining in jail for periods exceeding the terms of their possible sentence.