Maharashtra Info panel offers undertrials hope

In what could be a big relief to undertrials languishing in Maharashtra’s jails, the state’s Chief Information Commission today directed all prison authorities to display details of undertrials who have undergone over 50 percent of the maximum prison term they are liable for. It is significant ruling as it could lead to the de-clogging of the prison system besides addressing the human right of the undertrials.Former Central Information Commissioner (CIC) Shailesh Gandhi had filed an appeal in this regard before the state commission under the Right to Information (RTI) Act.[caption id="attachment_697356" align="alignleft" width="380"]

Former Maharashtra CIC Shailesh Gandhi. Image courtesy Shailesh Gandhi's Facebook page[/caption] "RTI Succeeded today. A major relief for under trials who are kept illegally in prison. Section 463A of CrPc says that the Maximum period for which an under trial prisoner can be detained without being released is not more than 50 percent of the maximum imprisonment specified for the charge he is booked for. The law says they can be released on personal bond if they cannot furnish bail. Yet, our legal system does not follow this law and under trials,- most of whom will not be convicted,- suffer in prison because they are poor," Shailesh Gandhi wrote in his Facebook post.The growing number of undertrials is clogging the prison system all over the country. In Tihar jail alone more than 70 percent of the inmates are undertrials, some of have spent more than five years just for the fact that they have not been able to furnish bail. The story is the same in other states. The primary reason for these people staying in jail is they are poor. Gandhi hoped that other states take cue from Maharashtra Information Commission’s order.