The Supreme Court stressed using the e-prison portal to track prisoners granted bail but unable to furnish sureties, aiming to address delays in their release and streamline prison management.
The Supreme Court, during a suo moto hearing in In Re Policy Strategy for Grant of Bail [SMW(Crl) No. 4/2021], discussed the potential of the e-prison portal to resolve systemic delays in releasing prisoners who have been granted bail but remain incarcerated due to their inability to furnish sureties.
The bench, comprising Justices Abhay S. Oka and A.G. Masih, highlighted the portal's role in integrating court and prison data to ensure timely release. The Court reviewed recommendations on enhancing the e-prison portal, addressing old untracked cases, and standardizing practices across states.
Key Issues Addressed
- Role of E-Prison Portal:
- Developed by the National Informatics Centre (NIC) under the Ministry of Home Affairs.
- Connects 1,318 prisons nationwide and tracks the entire lifecycle of prisoners from admission to release.
- Proposed to be a central tool for ensuring justice for prisoners unable to furnish sureties despite being granted bail.
- Pre-Trial Numbers (PTNs):
- PTNs are identifiers generated during custody proceedings but inconsistently recorded, leading to tracking issues.
- Advocate Devansh A. Mohta, amicus curiae, highlighted the need for uniform integration of PTNs with FIR details on custody warrants.
- Courts need to ensure PTN and FIR details form a part of all communication between courts and prisons.
- Old Cases Without CNRs:
- Pre-2016 cases often lack Case Number Records (CNRs), making tracking difficult.
- Proposed solution: Jail authorities collate old cases, and NIC assigns CNRs retrospectively.
- Example: Uttar Pradesh jail authorities identified old cases but faced challenges in tracking them.
- Information Sheets for Judgments:
- Suggestion to attach a detailed information sheet to all final judgments.
- Information sheets would include PTNs, CNRs, FIRs, Jail IDs, and other identifiers for better data collation.
- Advocated for a "top-down" approach where High Courts and Trial Courts adopt similar practices.
- Integration of Forms and Databases:
- Statutory forms under the Code of Criminal Procedure and state manuals need review for better integration with the e-prison portal.
- Databases should include non-police cases to ensure comprehensive tracking.
- Justice for Indigent Prisoners:
- Concern raised about prisoners unable to avail of bail due to financial constraints.
- The Court stressed tracking such cases through the e-prison portal to ensure timely release.
- Personnel Training:
- Recommended regular training of prison and court personnel to operate the e-prison portal efficiently.
- Highlighted the need for dedicated personnel to manage and expand the portal’s capabilities.
Court Observations and Recommendations
- Justice Oka emphasized the importance of utilizing the e-prison portal to ensure no prisoner remains incarcerated due to procedural inefficiencies.
- Advocate Mohta suggested a review of bail-related processes, such as ensuring PTNs and FIRs are included in custody warrants.
- The Court sought further recommendations on using the portal to track cases where prisoners are unable to furnish sureties despite being granted bail.
Future Directions
- Expand database capabilities to ensure no cases remain untracked, especially old or transferred cases lacking CNRs.
- Standardize PTN and CNR generation processes across states to ensure consistency.
- Facilitate the integration of the e-prison portal with court systems for real-time data sharing.
- Address systemic issues hindering the release of prisoners granted bail but unable to meet surety requirements.
- Ensure regular review and training for personnel involved in prison and court management systems.
Case details: IN RE POLICY STRATEGY FOR GRANT OF BAIL SMW(Crl) No. 4/2021
