Indian Express: Mumbai: Saturday,
April 13, 2013.
Maharashtra
State Chief Information Commissioner (SCIC) Ratnakar Gaikwad directed prison
officials Friday to publish, on the website and notice boards of prisons in the
state, information of undertrials who have been languishing in jails for more
than half the maximum prison term they are liable for.
Using his
powers under Section 19 (8) of the RTI Act, the SCIC has asked prison officials
to comply with the order by May 12 in fulfilment of the prison department's
obligation under Section 4 (1) (b) of the Act.
The SCIC has
also asked for an implementation report to be filed by the prisons department
on that date. The SCIC's order was passed on a second appeal filed under the
RTI Act by former Central Information Commissioner Shailesh Gandhi on January
11, after he was refused the information on two previous occasions first by the
Public Information Officer (PIO) and then the First Appellate Authority (FAA) without
valid reasons.
Gandhi had
filed the RTI application with the PIO on November 26, 2012, and the first
appeal with the FAA on December 12, 2012.
Meeran
Borwankar, Additional Director General (Prisons), Maharashtra, said the move
will benefit undertrials.
"I
foresee no problem in the SCIC's order as it is a step towards increasing
transparency. However, I will have to check whether we have the infrastructure
and wherewithal for such an exercise," Borwankar told The Indian Express.
"Section
463A of CrPc says that the maximum period for which an undertrial prisoner can
be detained without being released is not more than 50 per cent 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 undertrials most of whom will not be convicted suffer
in prison because they are poor. Despite the protection of law, there is no
relief for most of them," said Gandhi.
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