LI Network
Published on: December 02, 2023 at 17:25 IST
The Bombay High Court acknowledged the logistical challenges and resource consumption involved in physically producing undertrial prisoners in court.
The court suggested the utilization of Video Conferencing (VC) facilities as a viable alternative to ensure the presence of undertrial prisoners, emphasizing the need for dedicated links and pre-communicated schedules for prison authorities.
Highlighting the complexities associated with physically bringing accused individuals to court, Justice Bharati Dangre stressed the importance of expanding VC facilities in both courts and prisons.
The court proposed a streamlined process where every court entrusted with a trial communicates allotted dates in advance to prison authorities through designated coordinators. This proactive approach aims to facilitate the seamless production of undertrial prisoners either through VC or traditional means.
The court’s observations were made in response to a bail application by Tribhuvansing Raghunath Yadav, an accused in a forgery case, who had not been produced before the Metropolitan Magistrate Court in Andheri on multiple occasions. This prompted the court to investigate the functionality of VC facilities in prisons.
The report identified a need for additional VC units, improved internet connectivity, and technical staff for effective operation.
Notably, the court recognized that the issue was not isolated to a specific case but represented a recurring problem. Flaws in the existing VC system, such as insufficient budget allocation and technical support, were evident.
The court suggested minimizing physical appearances for routine court proceedings, advocating the use of VC for tasks like framing charges and extending judicial custody.
It recommended the creation of dedicated VC links for each court, additional screens, and the establishment of confidential discussion kiosks for lawyers and accused during VC proceedings.
In response to these findings, the court directed the Assistant Public Prosecutor to forward the reports to the Home Department of the State of Maharashtra for necessary action.
Additionally, the court urged the State Government to allocate funds to expand VC facilities, aligning with the overarching goal of ensuring a smoother judicial process.
Case title: Tribhuvansing Raghunath Yadav v. State of Maharashtra.
