Give bail to Undertrials or we will do it: Supreme Court to State, High Court

 

Coming down strongly on the Govt of Uttar Pradesh & the High Court of Allahabad for not taking prompt action to release on bail undertrial prisoners languishing in jails for more than ten years despite its order, the Apex Court on Monday said it was prepared to “take the burden” & decide the cases by itself & also pulled them up for “not being sensitive”.

Noting that a large number of convicts are languishing for years in jails across UP while waiting for their appeals to be heard by the Allahabad HC, which is at present hearing appeals made in 1980s, the apex court on May 9 had said that all one-time offenders who have spent more than 10 years in jail should be granted bail & asked the High Court to decide their pleas at one go by clubbing them together.

Two months after the order was passed, a bench of Justice Sanjay Kishan Kaul & Justice M M Sundresh was told that 62 bail pleas were still pending in Allahabad High Court & 232 fresh bail applications were filed in the past 2 months. 

Irked by the response, the bench said, “If you find it very difficult to do, then we would take the burden. There is a problem with both the high court & the state. You cannot put these people behind bars indefinitely.” The bench directed the state government to make within two weeks a list of the 853 cases with serial numbers & time spent in jail. The court posted the hearing to August 17.“If you are not able tocan’t handle it, then we will handle it,” the bench further said. 

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