Recently, the Madras High Court directed the acceleration of processes to release prisoners who have been granted bail or suspension of sentence but are still languishing in prisons across Tamil Nadu. The Court emphasised the need for timely action and coordination between various authorities to expedite formalities and ensure that eligible prisoners benefit from the financial assistance scheme provided by the Central Government.
The case was brought before the Court due to the issue of prisoners remaining incarcerated despite having been granted bail or a suspension of sentence. The learned Additional Public Prosecutor informed the Court that 153 remand prisoners were still in prison, even though bail had been granted, and 22 convict prisoners remained imprisoned following the suspension of their sentences by appellate courts. The delay in receiving bail orders from district courts was cited as the main cause of this situation. While the High Court’s orders were received promptly, district courts’ delays caused prolonged imprisonment.
The learned Additional Public Prosecutor pointed out that despite the granting of bail or suspension of sentences, prisoners were being unnecessarily held in prison due to delays in receiving the necessary orders from the district courts. The counsel for the Member Secretary, Legal Services Authority, submitted that swift action would be taken in coordination with the High Court Registry to assist these prisoners and ascertain the number of those still languishing in prisons. The Legal Services Authority also assured that necessary legal aid assistance would be provided to expedite the process of completing formalities for release.
The Court acknowledged the grave situation of prisoners languishing in prison despite bail orders or suspension of sentences. The Court held that it was imperative to address the delay in receiving bail orders from district courts and to ensure that the prisoner’s release was expedited. The Court also highlighted the importance of implementing the Central Government’s scheme for providing financial assistance to poor prisoners, as issued by the Government of Tamil Nadu under GO.Ms.No.89 Home (Prison-III) Department dated 05.02.2024.
The Court directed that the necessary steps be taken to ensure that eligible prisoners received the benefit of the scheme and that formalities were completed promptly. The Court specifically directed the authorities to complete the effort as quickly as possible, with a timeline of three weeks for reporting back on the progress. The Court further ordered that the Registrar General of the High Court be impleaded in the matter to oversee the acceleration of the process and ensure proper coordination. The Chief Secretary, Government of Puducherry, was also suo-motu impleaded as a respondent.
The Court directed that all necessary efforts be made within the next three weeks to ensure the release of prisoners who have been granted bail or suspensions of sentence but are still imprisoned. The Court also directed the authorities to ensure that the financial assistance scheme for poor prisoners was effectively implemented with updates to be reported before the Court on 06.01.2025.
Case Title: Suo-Motu v. The Principal Secretary to Government Home (Prison) Department
Case No.: WP. 37441 of 2024
Coram: Justice S.M. Subramaniam, Justice M. Jothiraman
Advocate for Respondent: Adv. P.Balathandayutham (Spl.GP), R.Muniyapparaj (APP), K.S.Mohandass (Public Prosecutor)
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