In a recent development, the Supreme Court has instituted a Standard Operating Procedure (SOP) aimed at providing support to impoverished prisoners. This initiative comes on the heels of the Union government’s proposal during the court’s assessment of compliance with directives outlined in the landmark case of Satender Kumar Antil versus the Central Bureau of Investigation.
The 2022 judgment in the aforementioned case emphasized the principle of “bail over jail” and issued a series of guidelines to curtail unnecessary arrests and detentions.
In its latest order dated February 13, the Division Bench comprising Justices MM Sundresh and SVN Bhatti issued additional directives for implementation by states and their respective High Courts. Notably, the Court took cognizance of the SOP titled “Guidelines and Standard Operating Procedure for Implementation of the Scheme for Support to Poor Prisoners,” proposed by the Union government. The SOP has been incorporated into the order to ensure adherence.
“The implementation of this SOP by the Central Government holds the promise of ameliorating the plight of undertrial prisoners through the establishment of a dedicated empowered committee and allocation of funds,” remarked the Court.
The SOP is delineated into three segments, each tailored to address the needs of poor prisoners, undertrial prisoners, and convicted prisoners.
For Poor Prisoners:
A pivotal aspect involves the establishment of an Empowered Committee in each district of the State/Union Territory (UT). This Committee will assess the financial requirements in individual cases for securing bail or paying fines.
The Committee will comprise:
District Collector (DC)/District Magistrate (DM)
Secretary, District Legal Services Authority
Superintendent of Police
Superintendent/Deputy Superintendent of the concerned Prison
Judge nominated by the District Judge for the concerned Prison
Crucially, funds will be provided through the Central Nodal Agency (CNA), i.e., the National Crime Records Bureau, with states/UTs drawing requisite amounts on a case-by-case basis.
Furthermore, the SOP allows for the appointment of a Nodal Officer and solicitation of assistance from civil society representatives, social workers, or District Probation Officers. Additionally, the formation of an Oversight Committee at the State level is recommended.
It’s imperative to note that the formation of these committees remains suggestive, given that prisons and persons detained fall under the State List.
For Undertrial Prisoners:
The SOP stipulates that if an undertrial prisoner is not released within seven days of the bail order, the jail authority must notify the District Legal Services Authority (DLSA). The DLSA will then investigate if the prisoner is unable to furnish financial surety for bail within ten days.
Subsequently, the DLSA will present such cases to the District Level Committee every 2-3 weeks. If the Committee deems it fit to extend financial assistance to identified impoverished prisoners, an amount of up to Rs. 40,000 can be disbursed to the concerned Court.
However, individuals accused under specific acts such as the Prevention of Corruption Act, Prevention of Money Laundering Act, NDPS, or Unlawful Activities Prevention Act are ineligible for such benefits.
Moreover, any excess amount beyond Rs. 40,000 requires approval from the State level Oversight Committee.
For Convicted Prisoners:
In cases where convicted individuals are unable to secure release due to unpaid fines, the jail Superintendent is mandated to inform the DLSA within seven days. The DLSA will then assess the prisoner’s financial condition within the same timeframe.
If necessary, the Empowered Committee may authorize the release of fine amounts up to Rs. 25,000. The sanctioned amount will be deposited with the Court. However, any sum exceeding the mentioned threshold necessitates approval from the state-level Oversight Committee.
This comprehensive SOP aims to streamline procedures and ensure equitable access to justice for impoverished prisoners across the nation.
