High Court Appalled Over 153 Detenues Still Behind Bar Despite Bail

High Court Appalled Over 153 Detenues Still Behind Bar Despite Bail

The State of Tamil Nadu informed Madras High Court that there were still 153 detenues behind bars despite grant of bail. This disturbing matter shows how systemic failure is preventing timely release of detainees who are entitled to freedom as per law.The facts emerged in the course of a hearing when the High Court was inquiring into the state of affairs regarding prisoners in the jails of Tamil Nadu. The State submission disclosed that bureaucratic delay, lack of communication, and procedural inefficiency were major causes for which these people were still detained. The Court expressed serious concern over this infringement on basic rights. Article 21 of the Indian Constitution stipulates the right to life and personal liberty. It also undermines the public's trust in the criminal justice system. The delay in communication of bail orders to prison authorities is considered one of the significant reasons for this situation. Many a time, there is delay in transmitting bail orders, so prisoners remain ignorant of the bail granted or the prison authorities fail to take timely action. Additionally, logistical problems like delays in the provision of bail bonds or failure to find sureties compound the problem. The Court noted that failures of such nature burden, not only the prisoners but, also, place undue burdens on the prisons. Detention beyond what is required to be kept by law strains cramped jails and diverts scarcest resources that otherwise might have been used for purposes other than judicial or administrative. The Madras High Court directed the State to take measures for the time-bound execution of bail orders. Suggestions made include digital platforms that would ensure real-time communication between courts and prison authorities, legal aid to remand prisoners so that they can complete the formalities to get out on bail. This case brings out the paramount need for systemic reforms in India's criminal justice system to ensure that procedural delays do not affect the rights of individuals. It also underlines the importance of holding administrative and judicial systems accountable for the fact that bail orders have to be executed without delay.

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