Undertrial review panel's functioning needs fine-tuning: SC

Jail officials must be made part of the undertrial review committees (UTRCs) in the states and a standard operating procedure in this regard should be put in place, the Supreme Court said today.
Observing that some fine-tuning was needed to be carried out in the functioning of the UTRCs, the apex court, which was hearing a matter relating to inhuman conditions prevailing in 1,382 prisons across the country, directed that jail superintendents should be made a part of the UTRC meetings, saying prison authorities must be involved in the process.
A UTRC, set up in every district, deliberates and recommends the release of undertrial prisoners and convicts who have undergone their sentence or are entitled to be released from jail due to bail or remission granted to them.

"It appears that there is some fine-tuning that is required to be made in respect of functioning of UTRC," a bench comprising Justices M B Lokur and Deepak Gupta said.
The apex court's observations came weeks after it had expressed shock at the large number of people languishing in jails in "complete violation" of their rights despite recommendations for their release by the legal services authority and terming the situation as unacceptable.
The bench today accepted the suggestions of advocate Gaurav Agrawal, assisting the court as an amicus curiae, and the counsel for some of the states that superintendent of jails should take part in the meetings of UTRC.

The amicus told the bench that he would discuss with the National Legal Services Authority (NALSA) and the states in framing a standard operating procedure to make the functioning of UTRCs more efficient.

He told the court that a draft questionnaire, prepared by him for responses to be given by the states on various aspects of jail and prison management, was likely to be put on a portal by Ministry of Home Affiars (MHA) within four weeks.
Attorney General K K Venugopal told the bench that the MHA has called for a meeting of inspectors general (IGs) of prisons of all states on November 16 to discuss the issues related to jail management.

The bench said it expected that state governments and the authorities would deal with the issue, keeping in mind that it pertains to human rights which must be given priority.
The bench has fixed the matter for further hearing on December 12.
During the hearing, the bench also perused the affidavits filed by Uttar
Pradesh, Madhya Pradesh and Maharashtra.
The court also made it clear that the National Human Rights Commission (NHRC) would continue to deal with cases, including those of natural or unnatural deaths in jails which were required to be considered by them.
It had earlier asked the states to explain how there were instances of more persons being released from jails than what was recommended by legal services authority or by the UTRC.

On September 15, the court had also passed an order on the issue of custodial deaths and said this was a crime and such incidents indicated the "apparent disdain" of the State to the life and liberty of prisoners.
It had also passed a slew of directions over unnatural deaths and on prison reforms across India.