Hindustan Times: Mumbai: Wednesday,
June 12, 2013.
An order by
the chief information commissioner (CIC) of Maharashtra to improve the plight
of undertrials languishing in prisons across the state could be rendered ineffective
because of misinterpretation by the prisons department.
Based on a
Right To Information (RTI) application by former CIC Shailesh Gandhi, CIC
Ratnakar Gaikwad had, on April 12, asked the prisons department to furnish
details of undertrails who had served more than 50% of the maximum sentence for
the charges against them. As per section 436A of the CrPc, such an undertrial
must be released on a personal bond.
However, the
prisons department has put up incomplete details on their website.
Gandhi said
he filed two separate applications: one asking for undertrials who had served
more than three years in prisons and the second, a list of those who had served
more than 50% of their maximum sentence.
“The prison
department has only put up a list of those undertrails who have served three
years. They have conveniently missed details of those who have served more than
50% of their term. This was more important since the law states that the latter
can be granted bail on a personal bond,” said Gandhi.
Gandhi added
that many poor undertrails are languishing in jails, as they do not have the
money to pay for the bail bond.
“Although as
per law, they should be let off on personal bonds if they have served 50% of
their sentence, they are not aware of their rights. The prison department too
does nothing to inform them of their rights,” said Gandhi. “Hence this order by
the CIC can help many undertrials if prison authorities execute the order
properly.”
When
contacted, deputy inspector general (prisons) Swati Sathe said, “We have put up
the list of prisoners who have served more than three years.” When asked about
the second RTI application, she said she would have to check details.
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