I. Starting on 11 November 2011, for a few days 800 under trial prisoners in Alipur and 135 in Presidency Jails in Kolkata went on hunger strike demanding quick disposal of their cases. ( 1 ) .The strikers’ demand captured substantial media space. And as usual, media coverage and public interest died out. The purpose of this short article is to rekindle public interest on the subject leading to brain storming of the nation. The spot light is on two Jails and two Sessions Divisions in West Bengal , but the issues are relevant every where else in the country.
II. It is assumed that the most of the striking under-trials’s cases are pending in Alipore Sessions Division and Calcutta Metropolitan Sessions Division. It is also certain that all of them have access to the service of very competent lawyers either at own cost or at tax-payers’ cost . It is also certain that all their cases are non- bailable and bails have been refused by Judiciary after careful consideration. In these two sessions divisions, the number of criminal cases pending in the Sessions Courts, the courts of the ADJs, FTCs, Chief Judicial Magistrates, ACJMs, have been tabulated in col 1 below. Column 2 shows the numbers of under trial prisoners in the corresponding Jails as on 31.5.11 . Website of West Column 3 shows the number of under trial accused persons who are on bail .
1) Alipore Sessions Div :
a. Pending Criminal Cases - 7, 83,073 (out of this figure, CJM alone has 7,34,174 cases in his Court)
b. Number of under trial prisoners – 1188
c. Number of undertrial, accused persons who are out on bail. [clause ( a) minus (b)] - 7,81,885
2) Calcutta Metro Sessions Div :
a. Pending Criminal Cases - 1,083
b. Number of under trial prisoners - 1237
c. Number of undertrial, accused persons who are out on bail. [clause ( a) minus (b)] - No clear data available.
Note: Cases pending in the above courts are assumed to be non-baliable.
III. First issue to brain-storm : Is it possible to dispose these cases at all ? How may judicial- hours are needed to dispose these lacs of cases at trial courts ? One can sit with a calculator and find the answer . And verdict this way or the other will not end the lives of the cases. These will immediately get reborn at appellate courts.
IV. Second issue to brain-storm : ( Even assuming but not admitting that it is possible to do so ) is it desirable to dispose the pending cases and immediately load these in the Appellate Courts? e.g : 7 34 174 cases in the court of Hon’ble CJM , Alipur after verdict one way or the other, will immediately go and get settled in the Hon’ble Sessions Court , Alipur and Hon’ble High Court. Is it desirable from the point of view of the judiciary ?
V. Third issue to brain-storm: Will quick disposal of the cases in trial court shall necessarily solve the problem of under trial prisoners ? Whichever under-trial prisoner is convicted will remain under trial prisoner if the Courts do not grant bail us 389 Cr. P.C like Sanjay Dutta has been enjoying.
VI. Fourth issue to brain-storm: Do all the under trial persons, including lacs of those who are on bail and those u/s 389 Cr. Pc who are convinced that they would be acquitted and the State wont appeal, really desire quick disposal of their cases ? Those who are on bail are enjoying full life, job, family life, profession, pension, terminal benefit, promotion up to highest possible constitutional position ( CVC ) and every good thing in life. No social stigma. Only a scientific survey will reveal whether these lacs want or do not want early disposal of their cases.
VII. Fifth issue to brain-storm : Is it desirable , from the point of view of the Good Samaritans, to enlarge all the under trial prisoners on bail and to grant bail in every non-bailable case ? Websites show a substantial number of NGOs, including internationals, working for under trial prisoners. Keeping vigil is almost an industry. It seems that they have no dearth of funds. We can assume that substantial number of employment generated by this vigil. If there is no under trial prisoners what these good souls shall do ?
VIII. Sixth issue to brain storm : Will any state, or the whole Indian state, can cope with disposal of the cases ? Let us assume that 7,83,000 cases pending in Alipur Sessions Division are finally disposed. Finally, meaning no side goes to the Appellate Courts. Let us assume that 400000 acquitted and 3,83, 000 convicted to be jailed. It means that the State Government will have to find enough prison space to house these 3,83,000 persons. Separate for males and females. Treatment at Super-speciality hospitals. Enough trained teachers to teach Tagore –Dance Drama . Enough number of religious preachers for all faiths and sects. TV and other games. Library. College facilities. Engineering / Management teaching . Campus interview ( like Tihar Ashram ). Good food. Special menu at Eid, Durga Puja, X-Mas. Under the vigil of NGOs. And of course, there will have to be sentries in good number, to prevent non-convicted persons pretending to be convicts and trying to sneak entries into the correctional homes ( Jails ) to enjoy good lives
IX. Final issue to brain-storm: Is it violation of human rights to hold a person in prison without bail pending trial ? Several websites openly or by implication have been asserting that it is , indeed, violation. At least one non-judicial officer of the West Bengal Government has been in this chorus.
X. The under trial prisoners, assisted by able lawyers at own or tax-payers’ cost are denied bail by wise judges, after getting fully convinced against grant of bail. To term these detentions as human rights violation , by implication , means that as per the chorus, our judges have been violating human rights. What else can be worse form of contempt of courts. And it is also moral intimidation of the wise judges. NGOs and other Samaritans positioning themselves above our judiciary !
XI. Human rights is a sacred fire. Only a few qualify to carry this sacred fire. We also know the wide spread abuse of this fire in international politics. Countries are being devastated on the plea of protection of human rights.
XII. We ignorant barbaric Indians have a right to know the bench mark of dealing with arrested persons in the USA ( where human rights are at the best ):
XIII. Use of force to arrest, handcuffing, searching, arrest of women after sunset up to sunrise, arrest of juveniles, quantum of bail bonds, radio- banding at the ankles of people released on bail, standard of food , medical facilities, clothing , beds. We ought to know also how convicts under hard labour are handled, separate running of sentences ( may be running upto a few hundred years ), solitary confinement, meaning of life imprisonments and so on. We Indian have right to know our deviations so that we can correct ourselves and become civilized in the eyes of the NGOs and not militarily devastated by international protectors of human rights.
References :
· Number of strikers : : Source : The Statesman Kolkata updated E- Copy 22.12.11
· Source Calcutta High Court Wesbsite..
· Source : Official Website of West Bengal Correctional Services.
