Karnataka High Court Criticizes Prisons Department Over Undertrial Non-Production
The Karnataka High Court has issued a stern rebuke to the prisons department for its failure to produce an undertrial before the concerned court for a period of four years. In a significant development, the court has directed the Deputy Inspector General (Prisons) to submit a comprehensive report detailing the actions taken in instances where undertrials have not been presented before judicial authorities.
Court's Strong Observations on Human Rights
Justice M Nagaprasanna, presiding over the case, made pointed oral observations during the proceedings. "Put your prison in order. Should this court pass an order to produce an undertrial before the court concerned? Highly incorrect. Accused are also human beings unless convicted," the justice remarked, emphasizing the fundamental rights of individuals awaiting trial. The court's comments highlight a broader concern for procedural lapses that undermine justice and human dignity within the prison system.
Case Details: Imran alias Kulla's Ordeal
The case centers on petitioner Imran alias Kulla, who has been incarcerated for the past four years. Despite being granted bail, he remained in prison due to an inability to arrange surety. His advocate presented alarming facts to the court:
- A head constable from the HAL police station reported that a non-bailable warrant (NBW) issued against Imran could not be executed because the accused was not found, even though Imran was actually in prison for a criminal case registered by the same HAL police.
- For the entire four-year period, Imran was not produced before the court even once, not even via video conferencing, leading to multiple adjournments granted by the concerned court for his appearance.
Upon uncovering these anomalies, the high court mandated the personal presence of the Deputy Inspector General (Prisons) and the Deputy Commissioner of Police (Whitefield) to address the issue directly.
Departmental Actions and Court Directives
Advocate General Shashikiran Shetty, acting on instructions from the DCP Whitefield who was present in court, informed that a departmental enquiry has been initiated against the head constable responsible for attempting to execute the NBW while the accused was known to be in prison. This move aims to hold accountable those involved in the procedural failure.
The court further directed the DIG Prisons to submit a detailed report on the broader issue of undertrial production. "The DIG Prisons undertakes before this court that appropriate steps would be taken to identify all those persons who have not been produced before the court in the next two weeks and place a report as to what steps they took to identify and not repeat the same anomaly," the court stated. The matter has been adjourned to March 6 for further review of the report and compliance.
This case underscores systemic issues within the prison and police departments, raising critical questions about the efficiency and humanity of judicial processes for undertrials in Karnataka.
