While speaking at the launch of Under Trial Review Committee (UTRC) Special Campaign 2023, by the NALSA.

Justice Sanjay Kishan Kaul, a Supreme Court judge serving as the Executive Chairperson of the National Legal Services Authority (NALSA), expressed concerns about the situation of undertrial prisoners.

"We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately", Justice Sanjay Kishan Kaul said.

“This is a disturbing trend which I find, where people remain behind bars as undertrial, and the presumption is, whether they are able to get the conviction or not, this is what maybe the punishment or sentence is.”

A Special Campaign for the Under Trial Review Committee (UTRC) is scheduled to take place from September 18th to November 20th, 2023, encompassing all districts throughout India.

The said campaign aims to improvise the operational efficiency of the Under Trial Review Committees (UTRCs). These committees are local bodies chaired by the District & Sessions Judges and include members such as District Magistrates, Superintendents of Police, Secretaries, District Legal Services Authorities, and Officers-in-Charge of Prisons.

Established in response to the directives of the Supreme Court of India in the case of In Re-Inhuman Conditions in 1382 Prisons in 2015, the UTRCs have, over the past five years, made recommendations leading to the release of more than two lakh prisoners. As a result of these recommendations, a total of 91,703 prisoners have been granted their freedom across India.

Justice Kaul emphasized that this campaign forms an integral component of NALSA's ongoing endeavors to guarantee that individuals are not detained in correctional facilities without having the opportunity to be heard for potential release under legal provisions. The problem of undertrial detainees enduring confinement despite meeting the criteria for review and release has recurrently surfaced before both the Supreme Court and various High Courts. According to data from the National Crime Record Bureau, approximately 18 lakh individuals are admitted to prisons annually, a figure that underscores the substantial influx of undertrial prisoners into the system.

He went on to say that “our responsibility as judges is that law is followed in letter and spirit and it does not discriminate anyone on the basis of manmade qualifiers.” 

He emphasized that this responsibility is also the bedrock of the rule of law and access to justice. He also said that in the last few months, several directions have been passed, establishing crucial digital frameworks and procedures to ensure a smooth flow of information between the different organs of the criminal justice system.

“In fact, I found that it is this section of society that is more prone to detention, and people who can afford appropriate legal assistance invariably get bail at an earlier date. It’s this aspect which we seek to tackle in this process.”