DIVYA IYER Vs. TIHAR JAIL

JUDGEMENT

(1.) THE appellant is not present for video conference at NIC centre, Bangalore. The Public Authority is represented by , APIO and Ms. Rekha Sharma, PIO. Facts:

(2.) APPELLANT by her RTI application had sought information regarding steps taken by the Home Department, Government of India towards the implementation of the Central Directive No. V -13013/70/2012 -IS (VI) dated 17.01.2013 issued by Government of India Ministry of Home Affairs to the Home Secretaries to all States. PIO replied on 09.02.2015 providing para -wise reply. She stated to have received only part information, and there was no information from Central Jails of Tihar and District Jail of Rohini. She filed first appeal and thereafter, approached the Commission.

(3.) INFORMATION sought is concerning a very important matter of public interest, which engaged the Supreme Court, Legislature, Executive and the Law Commission since a long time. The Home Ministry requested the State Governments and Union Territories to adopt various measures to reduce overcrowding of prisons. The Parliament by Act 25 of 2005 amended Code of Criminal Procedure, 1973 providing for maximum period for which an under -trial prisoner can be detained under any law not being an offence for which the punishment of death has been specified one of the punishments. Section 436A says: "436 -A. Maximum period for which an under -trial prisoner can be detained where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one -half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one -half of the said period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation. - -In Computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.]"