SHANKARA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) In our country, a large number of poormen, distressed women and unfortunate children are lodged behind prison bars awaiting trials in the courts of law for months and years.

(2.) Most of the undertrial prisoners according to I. G. Prison's list-A are presently lodged in Tihar Jails have been charged with minor offences, which even if proved would not warrant punishment for more than a few months, perhaps for a year or two and yet these unfortunate forgotten specimen of humanity are in jail. deprived of their liberty, for years without even as much as their trial having commenced. It is a crying shame on the judicial system which permits incarcera- tion of men and women for such long periods of time without trial, as aptly observed by the Hon'ble Supreme Court in Hussainara Khatoon's case, AIR 1979 S.C. 1360. (1).

(3.) The instant case is even more shocking and revolting to the conscience. It is clearly a slur on our administration of justice. Even out of those unfortunate poor men, and women who have been languishing in jail for years, some of them were ordered to be released on bail during the pendency of their trial by various courts on certain conditions. These undertrial prisoners could not be released despite release orders not only for days, or months but for years for not fulfilling the conditions which were attached to the bail orders, because of their extreme poverty and ignorance. In most cases, no one on their behalf has even bothered to move the courts for relaxing, reducing or waiving the conditions attached to the bail orders. As it is aptly said that the poor perhaps have no friends or relations. Consequently, they are languishing in jails for months and years.