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Kerala Kaumudi Online
Friday, 20 September 2024 1.27 PM IST

Do you hear what the Supreme Court said?

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The Supreme Court itself has come to the rescue of the country's courts, which are overwhelmed by the large number of pending cases. On this auspicious occasion of celebrating the 75th anniversary of independence, the Supreme Court has directed the central government to consider releasing under-trial prisoners who have committed minor offences and have been waiting for sentences for many years. The relevant question is why everyone is remaining hesitant to take the necessary administrative steps in this regard other than making such comments in public forums.

It is estimated that there are more than four crore pending cases in the lower courts. Some of these cases are 20-25 years old. It should be remembered that more than half of these four crore cases are relatively not so serious in nature. Most of the cases can easily be tried and settled. But the unfortunate thing is that court proceedings often move at a snail's pace due to various reasons. Some have to spend several years in jail as prisoners of trial even for comparatively smaller crimes. This is common in cases where the accused has no one to bail him out.

The Supreme Court has opined that non-serious cases among pending cases can be examined and settled. In the case of first-time offenders, those involved in petty cases, those involved in cases where not even a sitting has taken place, the decision can be made based on the nature of the crime. As most of the undertrials are poor and illiterate, it is the government that must come to their rescue. The punishment for each crime is stated in the law book. No one is going to lose if the accused, who have been in jail for a longer period than the law prescribes, are released based on the nature of the case. Such an act would certainly be a meritorious act during the Azadi Ka Amrit Mahotsav.

It is generally said that pending cases make a mockery of the legal system. But the government is unable to find an acceptable solution for it. It is not a problem that can be solved by increasing the number of courts and judges. It would be appropriate if the court can filter and find out cases that can be settled in one go out of the pending four crore cases. No leniency or concession should be given to those who have committed serious crimes. It is another thing that such people are always outside the jail.

Independence Day is just a week away. The issue of undertrial prisoners should come under the active consideration of the central and state governments before that day.

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