Question : Functioning of the Under-Trial Monitoring Committees

(a) whether the meetings of Under-Trial Monitoring Committees, as directed by the Supreme Court at the district level presided over by the District Legal Services Authority are being conducted regularly to suggest the ways and means of reducing the un-warranted detention of under-trials in the country and if so, the details thereof;
(b) the High Court-wise statistics of the conduct by and participation of the judicial and non-judicial members of the Under-Trial Monitoring Committee meetings held at the district level across the country;
(c) whether the proceedings of the Under-Trial Monitoring Committee meetings held at the district level are forwarded to the respective High Courts to take follow-up measures and if so, the details thereof;
(d) whether the recommendations of Under-Trial Monitoring Committee at the district level are implemented by the subordinate judiciary punctiliously and if so, the details thereof and if not, the reasons therefor; and
(e) whether the review by the Under-Trial Monitoring Committee have reduced the unlawful under trial detentions in the country and if so, the details thereof?

ANSWER

MINISTER OF STATE FOR LAW & JUSTICE
AND CORPORATE AFFAIRS
(SHRI P.P.CHAUDHARY)

(a) : Under Trial Review Committees (UTRCs) headed by the District & Session Judges, who are also the Chairperson of the DLSAs, have been established in all the districts. The said committee holds quarterly meetings. The areas which primarily are looked into by the UTRCs includes Under-Trial Prisoners (UTPs) covered under Section 436A Cr.P.C.; UTPs released on bail by the court, but have not been able to furnish sureties; UTPs accused of compoundable offences; UTPs eligible under Section 436 of Cr.P.C.; convicts who have undergone their sentence or are entitled to release because of remission granted to them; UTPs who are imprisoned for offences which carry a maximum punishment of 2 years; UTPs who are sick or infirm and require specialized medical treatment; UTPs women offenders.

(b) to (e): A statement showing SLSA-wise number of meetings held by Under Trial Prisoners (UTPs) Review Committees and number of UTPs released, during January, 2017 to December, 2017 is attached as Annexure.

Further, Hon’ble Supreme Court of India vide its order dated 31.10.2017 in W.P. (Civil) No.406 of 2013 titled Re-Inhuman Conditions in 1382 prisons, directed the National Legal Services Authority (NALSA) to draft a Standard Operating Procedure (SOP) for smooth functioning of Under Trial Review Committees (UTRCs) right from the identification of Under Trials, processing the data, passing of recommendations, moving of Bail Applications of the recommended UTPs.
NALSA has prepared SOP for the UTRCs which was put on the website of NALSA and also sent to various stakeholders seeking suggestion and comments from them. In the hearing in the said case on 08.05.2018, NALSA informed the Hon’ble Supreme Court that the SOP is ready after considering the suggestions/ comments from various stakeholders. It has been submitted to the Hon’ble Supreme Court of India.
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ANNEXURE
Annexure referred to in reply to the Lok Sabha Unstarred Question No. 161 for 18.07.2018 raised by Shri B. Senguttuvan regarding Functioning of the Under-Trial Monitoring Committees

Statement showing SLSA-wise number of meetings held by UTP Review Committees and number of Under Trial Prisoners (UTPs) released, during January, 2017 to December, 2017

S.
No. SLSAs Number of meetings held by UTPs Review Committees No. of UTPs released
1 Andhra Pradesh 52 941
2 Arunachal Pradesh 49
56
3 Assam
71
75
4 Bihar 102
79
5 Chhattisgarh 80 70
6 Goa 7 7
7 Gujarat 127 50
8 Haryana 84
34
9 Himachal Pradesh 44 Nil
10 Jammu and Kashmir 4
12
11 Jharkhand 94
30
12 Karnataka 122
47
13 Kerala 4 51
14 Madhya Pradesh 220 167
15 Maharashtra 126 7
16 Manipur 12
4
17 Meghalaya 32 97
18 Mizoram 5 Nil
19 Nagaland 04 5
20 Orissa 118
85
21 Punjab 179
107
22 Rajasthan 135
112
23 Sikkim 04
18

24 Tamil Nadu 111 103
25 Telangana 40
198
26 Tripura 19
11
27 Uttar Pradesh 284 1073
28 Uttarakhand
52
204
29 West Bengal 38 62
30 Andaman & Nicobar Every quarterly Nil
31 Chandigarh 04 Nil
32 Dadra & Nagar Haveli 03
Nil
33 Daman & Diu 02
Nil
34 Delhi 48
208
35 Lakshadweep 01
Nil
36 Puducherry 4
Nil