Lok Sabha Question No. 247 (UNSTARRED), answered on 2016-04-26
Subject: Release of Undertrials
Ministry: HOME AFFAIRS
Asked by: SHASHI THAROOR

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.247 TO BE ANSWERED ON THE 26 TH  APRIL, 2016/VAISAKHA 6, 1938 (SAKA)

RELEASE OF UNDERTRIALS

247.     DR. SHASHI THAROOR:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  it  is  a  fact  that  a  total  of  12,052  undertrials  have  been detained  for  a  period  of  more  than  three  years  in  various  jails  in  the country;

- (b) if so, whether the Government has been working in coordination with the National Legal Services Authority (NLSA) for their timely release and if so, the details thereof;
- (c)  whether  the  Supreme  Court  had  directed  the  State  Legal  Services Authority (SLSA) to secure the release of the undertrials who have served half of the apprehended term;
- (d) if so, whether the Government has been co-ordinating with the SLSAs to ensure that they are complying with the directive; and

(e) if so, the details thereof including the total number of undertrials who have been released during each of the  last  three  years  and  the  current year, State-wise?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a):    As  per  data  compiled by the National Crime Records Bureau at the end  of  2014,  the  total  number  of  undertrials  between  3  to  5  years  was 12052 in the jails of the country.

….2/

## L.S.US.Q.NO.247 FOR 26.04.2016

(b) to (d): In pursuant to the directions of Hon'ble Supreme Court of India in Writ Petition No. 406 of 2013 titled Re-Inhuman Conditions prevailing in 1382 Prisons, all  the  State  Legal  Services  Authorities  (SLSAs)  had  been requested by National Legal Services Authority (NALSA) to urgently take up the case of the undertrial prisoners who are entitled to the benefit of Section 436-A of Cr.P.C. and to instruct the panel lawyers to urgently meet such  prisoners  and  move  appropriate  application  before  the  Courts  for their  release.  Further,  pursuant  to  the  directions  of  Hon'ble  Supreme Court,  Under  Trial  Review  Committee  has  been  established  in  every district across the country comprising of District Judges as Chairman and Secretary,  District  Legal  Services  Authorities  as  one  of  the  members  to monitor  and  review  the  cases  of  aforesaid  under-trial  prisoners  of  their early release.

(e): On  the  basis  of  the  reports  received  from  various  State  Legal Services Authorities (SLSAs) and provided by NALSA,  a  statement containing the information of Under Trial Prisoners released pursuant to the directions of Hon'ble Supreme Court of India since 1 st  July, 2015 to 31 st January, 2016 is at Annexure.

********

## PAGE 1 OF 1 OF ANNEXURE

## Annexure referred to in part (e) of Lok Sabha Unstarred Question No. 247 for answer on 26.4.2016

|   S. No. | State/UT          | No. of Undertrial Prisoners released pursuant to the directions of Hon'ble Supreme Court of India since 1 st July 2015 to 31 st January 2016   |
|----------|-------------------|------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Andhra Pradesh    | 43                                                                                                                                             |
|        2 | Arunachal Pradesh | 09                                                                                                                                             |
|        3 | Assam             | Nil                                                                                                                                            |
|        4 | Bihar             | 42                                                                                                                                             |
|        5 | Chhattisgarh      | 19                                                                                                                                             |
|        6 | Goa               | Nil                                                                                                                                            |
|        7 | Gujarat           | 06                                                                                                                                             |
|        8 | Haryana           | Nil                                                                                                                                            |
|        9 | Himachal Pradesh  | Nil                                                                                                                                            |
|       10 | Jammu & Kashmir   | Data not available                                                                                                                             |
|       11 | Jharkhand         | 30                                                                                                                                             |
|       12 | Karnataka         | 39                                                                                                                                             |
|       13 | Kerala            | 26                                                                                                                                             |
|       14 | Madhya Pradesh    | --                                                                                                                                             |
|       15 | Maharashtra       | 4923                                                                                                                                           |
|       16 | Manipur           | 02                                                                                                                                             |
|       17 | Meghalaya         | 107                                                                                                                                            |
|       18 | Mizoram           | None                                                                                                                                           |
|       19 | Nagaland          | Nil                                                                                                                                            |
|       20 | Odisha            | 24                                                                                                                                             |
|       21 | Punjab            | 84                                                                                                                                             |
|       22 | Rajasthan         | 69                                                                                                                                             |
|       23 | Sikkim            | Nil                                                                                                                                            |
|       24 | Tamil Nadu        | 133                                                                                                                                            |
|       25 | Telangana         | 24                                                                                                                                             |
|       26 | Tripura           | 41                                                                                                                                             |
|       27 | Uttar Pradesh     | 198                                                                                                                                            |
|       28 | Uttarakhand       | Nil                                                                                                                                            |
|       29 | West Bengal       | Nil                                                                                                                                            |
|       30 | A & N Islands     | None                                                                                                                                           |
|       31 | Chandigarh        | Nil                                                                                                                                            |
|       32 | D & N Haveli      | Nil                                                                                                                                            |
|       33 | Daman & Diu       | Nil                                                                                                                                            |
|       34 | Delhi 157         | applications recommended by the UTRC to move bail application                                                                                  |
|       35 | Lakshadweep No    | prisoners in the jails                                                                                                                         |
|       36 | Puducherry        | Nil                                                                                                                                            |

******