SC ruling provides relief to Uttarakhand jails; Hundreds of undertrials to be released

Approximately 300 undertrial prisoners in Uttarakhand jails will be released following the Supreme Court directive.

Supreme Court has ordered the release on bail of undertrial prisoners in Uttarakhand who have served one-third of their maximum sentence.

DEHRADUN: The Supreme Court has ordered the release on bail of undertrial prisoners in Uttarakhand who have served one-third of their maximum sentence. This reprieve excludes those accused of serious crimes punishable by life imprisonment or death.

The ruling aims to provide relief to prisoners languishing in jails for extended periods without trial. According to the order, prisoners who have served 14 years or more may be granted bail, while those who have served over 10 years may also be eligible, provided there are no strong objections.

Approximately 300 undertrial prisoners in Uttarakhand jails will be released following the Supreme Court directive. “We have issued instructions to all jail superintendents based on the Supreme Court's order,” Uttarakhand's Deputy Inspector General of Prisons, Dadhi Ram Maurya, told this daily. He added, “A list of eligible prisoners is being compiled, and further action will be taken accordingly.”

“The state will be implementing a new provision under Section 479 of the Bharatiya Nagarik Nyay Sanhita (BNNS) law, as directed by the Supreme Court. This provision will also apply to existing prisoners,” said DIG Maurya.

Jail sources report that Dehradun's district jail, with a capacity of 580 inmates, currently houses over 900 undertrials and 369 convicts. Similarly, Haldwani's district jail, designed for 635 inmates, is home to 1,300 undertrials and 140 convicts.

The situation is equally dire in Haridwar, where the district jail’s capacity of 888 is overwhelmed by 684 undertrials and 566 convicts. This alarming trend raises concerns about the living conditions and rehabilitation prospects for inmates.

The Supreme Court’s ruling is part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which introduces relaxed bail provisions for first-time offenders.

Under this law, first-time offenders can seek bail if they have served one-third of the maximum sentence for their alleged offence. The Supreme Court has directed jail superintendents to process applications for all eligible undertrial prisoners within three months.

Rajeev Sharma, President of the Dehradun Bar Association, commented, “The court's decision reiterates the principle that bail is the rule, and jail is the exception, emphasising the need to protect constitutional liberties and the right to presumption of innocence.”