Lok Sabha Question No. 161 (UNSTARRED), answered on 2018-07-18
Subject: Functioning of the Under-Trial Monitoring Committees
Ministry: LAW AND JUSTICE
Asked by: BALASUBRAMANIAM SENGUTTUVAN

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

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## LOK SABHA

## UNSTARRED QUESTION NO. 161

TO BE ANSWERED ON WEDNESDAY, THE 18 TH  JULY, 2018

## Functioning of the Under-Trial Monitoring Committees

## 161.  SHRI B. SENGUTTUVAN:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  meetings  of  Under-Trial  Monitoring  Committees,  as directed by the Supreme Court at the district level presided over by the District Legal Services Authority are being conducted regularly to suggest the ways and means of reducing the un-warranted detention of under-trials in the country and if so, the details thereof;
- (b) the High Court-wise statistics of the conduct by and participation of the  judicial  and  non-judicial  members  of the  Under-Trial  Monitoring Committee meetings held at the district level across the country;
- (c)  whether  the  proceedings  of  the  Under-Trial  Monitoring  Committee meetings  held  at  the  district  level  are  forwarded  to  the  respective High Courts to take follow-up measures and if so, the details thereof;
- (d) whether the recommendations of Under-Trial Monitoring Committee at  the  district  level  are  implemented  by  the  subordinate  judiciary
- punctiliously  and  if  so,  the  details  thereof  and  if  not,  the  reasons therefor; and
- (e) whether  the  review  by  the  Under-Trial  Monitoring  Committee  have reduced the unlawful under trial detentions in the country and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS (SHRI P.P.CHAUDHARY)

- (a)  :  Under Trial Review Committees (UTRCs) headed by the District & Session Judges, who are also the Chairperson of the DLSAs, have been  established  in  all  the  districts.  The  said  committee  holds quarterly meetings. The areas which primarily are looked into by the UTRCs includes Under-Trial Prisoners (UTPs) covered under Section 436A Cr.P.C.; UTPs released on bail by the court, but have not been able  to  furnish  sureties;  UTPs  accused  of  compoundable  offences; UTPs  eligible  under  Section  436  of  Cr.P.C.;  convicts  who  have undergone  their  sentence  or  are  entitled  to  release  because  of remission  granted  to  them;  UTPs  who  are  imprisoned  for  offences which carry a maximum punishment of 2 years; UTPs who are sick or infirm  and  require  specialized  medical  treatment;  UTPs  women offenders.
- (b)   to (e): A statement showing SLSA-wise number of meetings held by Under  Trial  Prisoners  (UTPs)  Review  Committees  and  number  of UTPs released, during  January, 2017 to December, 2017 is attached as Annexure .

Further,  Hon'ble  Supreme  Court  of  India  vide  its  order  dated 31.10.2017 in W.P. (Civil) No.406 of 2013 titled  Re-Inhuman Conditions  in  1382  prisons,  directed  the  National  Legal  Services Authority (NALSA) to draft a Standard Operating Procedure (SOP) for smooth functioning of Under Trial Review Committees (UTRCs) right from the identification of Under Trials, processing the data, passing of recommendations, moving of Bail Applications of the recommended

UTPs. NALSA has prepared SOP for the UTRCs which was put on the website  of  NALSA  and  also  sent  to  various  stakeholders  seeking suggestion and comments from them. In the hearing in the said case on 08.05.2018, NALSA informed the Hon'ble Supreme Court that the SOP  is  ready  after  considering  the  suggestions/  comments  from various stakeholders. It has been submitted to the Hon'ble Supreme

Court of India.

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## ANNEXURE

Annexure referred to in reply  to  the  Lok    Sabha  Unstarred  Question  No. 161 for 18.07.2018 raised by Shri B. Senguttuvan regarding Functioning of the Under-Trial Monitoring Committees

Statement showing SLSA-wise number of meetings held by UTP Review Committees and number of Under Trial Prisoners (UTPs) released, during January, 2017 to December, 2017

| S. No.   | SLSAs             | Number of meetings held by UTPs Review Committees   | No. of UTPs released   |
|----------|-------------------|-----------------------------------------------------|------------------------|
| 1        | Andhra Pradesh    | 52                                                  | 941                    |
| 2        | Arunachal Pradesh | 49                                                  | 56                     |
| 3        | Assam             |                                                     |                        |
|          |                   | 71                                                  | 75                     |
| 4        | Bihar             | 102                                                 | 79                     |
| 5        | Chhattisgarh      | 80                                                  | 70                     |
| 6        | Goa               | 7                                                   | 7                      |
| 7        | Gujarat           | 127                                                 | 50                     |
| 8        | Haryana           | 84                                                  | 34                     |
| 9        | Himachal          | 44                                                  | Nil                    |

|    | Pradesh           |     |     |
|----|-------------------|-----|-----|
| 10 | Jammu and Kashmir |   4 | 12  |
| 11 | Jharkhand         |  94 | 30  |
| 12 | Karnataka         | 122 | 47  |
| 13 | Kerala            |   4 | 51  |
| 14 | Madhya Pradesh    | 220 | 167 |
| 15 | Maharashtra       | 126 | 7   |
| 16 | Manipur           |  12 | 4   |
| 17 | Meghalaya         |  32 | 97  |
| 18 | Mizoram           |   5 | Nil |
| 19 | Nagaland          |  04 | 5   |
| 20 | Orissa            | 118 | 85  |
| 21 | Punjab            | 179 | 107 |
| 22 | Rajasthan         | 135 | 112 |
| 23 | Sikkim            |  04 | 18  |
| 24 | Tamil Nadu        | 111 | 103 |
| 25 | Telangana         |  40 | 198 |
| 26 | Tripura           |  19 | 11  |

|   27 | Uttar Pradesh        | 284             | 1073   |
|------|----------------------|-----------------|--------|
|   28 | Uttarakhand          | 52              | 204    |
|   29 | West Bengal          | 38              | 62     |
|   30 | Andaman & Nicobar    | Every quarterly | Nil    |
|   31 | Chandigarh           | 04              | Nil    |
|   32 | Dadra & Nagar Haveli | 03              | Nil    |
|   33 | Daman & Diu          | 02              | Nil    |
|   34 | Delhi                | 48              | 208    |
|   35 | Lakshadweep          | 01              | Nil    |
|   36 | Puducherry           | 4               | Nil    |