Categories: India

Late communication guarantee orders affect freedom, requiring negotiations in ‘War Footing’: Supreme Court Judges

New Delhi: Mahaku Judge Dy Chandrachud has mentioned delays in communicating guarantee orders to prison authorities as “very serious deficiencies” and emphasizing the need to overcome them on “war foothold” for touching “human freedom” of each-resistance.
Chandrachud justice spoke at an online event organized by Allahabad High Court to inaugurate a virtual court and ‘E-Kendras Rent’ to facilitate online legal assistance to good people.
“Very serious shortcomings in the criminal justice system are the delay in communication guarantee orders, which we need to discuss on the footing of war.
Because this touches human freedom from every experiment, or even a prisoner who has a sentence suspension,” he said.
Recently, Aryan Khan, son of Bollywood Superstar Shahrukh Khan, spent an extra day in Arthur Road Jail in Mumbai, despite securing a guarantee from the Bombay High Court in a drug-on-cruise case.
Prior to this, the CJI NV Ramana LED bench has expressed a strong discrepab with a delay in the application of guarantee orders and says it will make a “safe channel, credible and authentic” for the transmission of orders.
Even in the digital era, “we still see the sky for pigeons to communicate orders”, the bench said the Supreme Court has ordered the implementation of the project – a quick and secure transmission of electronic records (faster) – for faster communication and compliance with its orders and has requested All states and union areas to ensure internet facilities, at adequate speeds, in every prison.
Speaking at the event, Chandrachud justice refers to one of the initiatives of the Orissa High Court which provides the “e-custody certificate” grant to every prisoner under the trial and prisoner undergoing a prison sentence.
“The certificate will give us all the required data regarding the trial or certain convicts, directly from initial detention to subsequent progress of each case.
This will also help us in ensuring that guarantee orders are communicated as soon as they are made, from where they are communicated, from where they are communicated Prison for implements immediately, “he said.
Justice Chandrachud also refers to the importance of a virtual court and said that they have been established in 12 states to try traffic challans.
“In the whole country 99.43 the lakh case was complete.
The fine has been collected for the case of 18.35 lakh.
Smooth total collected is more than 119 crores rupees.
About 98,000 violators chose to oppose the case”, said the judge said.
“Now you can imagine that for a common citizen who has a Traffic Challan, to spend a day away from daily wages and goes to court to pay the determination of unproductive traffic,” he said.
Judge Chandrachud said that 2.
95 criminal cases Crore was waiting in the district court in the country and more than 77 percent of cases more than one year.
“Many criminal cases were delayed when the defendant continued to run away for years.
For example, the oldest session court case at Uttar Pradesh where the defendant escaped was a trial session of 64 in 1976 in Gorakhpur,” he said.
The main reason for delays in disposal of criminal cases was the defendant still fled, especially after guarantees, and second, because of the non-performances of official witnesses during a criminal trial to record evidence, he said.
“We can use information and communication technology here too.
This is what we are working on at this time in the Supreme Court Committee,” said Justice Chandrachud.

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