'Producing Undertrials To Court Physically Is Cumbersome': Bombay HC Advocates Use Of VC Facility To Ensure Their Presence

The Bombay High Court recently observed that the physical production of undertrial prisoners to the court can be 'cumbersome', and that their production could be ensured using a Video Conferencing (VC) facility with dedicated links for prison authorities and time schedules communicated in advance.

“At various stages it may not be necessary to produce the accused, as production of the accused physically in Court is a cumbersome procedure, which consumes time, money and resources…If the dedicated links are allotted to the prison authorities, and time slots are scheduled by the respective Courts, which are also intimated in advance, production of the accused persons can be a simple procedure instead of carrying the prisoners physically to the Court”, the court observed.

Justice Bharati Dangre called for the expansion of VC facilities in courts and prisons to ensure that undertrial prisoners are produced either physically or virtually.

“Every Court which is entrusted with a trial and require production of any accused at any stage, it shall ensure that a date is allotted which is intimated to the prison authorities, through the Pairavi Offcer/ Police Station In-charge, who acts as a Coordinator between the prison and Court, so that every under-trial prisoner is produced before the court either through VC or through physical mode”, the court stated.

The court was dealing with a bail application by one Tribhuvansing Raghunath Yadav, an accused in a forgery case, who wasn't produced before the Metropolitan Magistrate Court in Andheri on 23 dates either physically or through VC. This prompted the court to seek a report on the availability and functionality of VC facilities in prisons.

Amicus Curie Satyavrat Joshi and assistant Public Prosecutor YM Nakhwa, visited the Arthur Road Jail and Taloja Jail and tendered a report. The report revealed that despite having 16 VC units in Arthur Road Jail and 19 in Taloja Jail, prisoners often complained about not being produced through VC or in person. The report revealed that in Arthur Road jail, around 250 prisoners and in Taloja Jail about 50 to 60 prisoners are produced daily, either through VC or physically.

According to the report, there is a requirement of approximately 50 additional VC units in Taloja Jail. The report also stated that an additional building can accommodate these additional units.

The report identified the need for additional VC units, better internet connectivity, and technical staff to operate the VC units effectively. The report indicated that in all 39 prisons in the state, there are 329 sanctioned units out of which 291 are functional.

The court noted the fact that grievances regarding the non-production of the accused were not limited to a specific case but were a recurrent issue. The report exposed flaws in the VC system, such as the lack of a separate budget for VC facilities and maintenance, and inadequate technical support.

The court acknowledged the necessity of minimizing the physical production of the accused in court due to logistical challenges and security concerns. It emphasized that various court proceedings, such as the framing of charges and the extension of judicial custody, could be conducted through VC.

The court recognized the need for additional screens in each court and suggested creating dedicated VC links for each court. “This would however, necessitate more VC units in the prison as well as more screens in the Court, as every Court would require at least 3 screens for making VC facility more effective and giving it a real/existence shape”, said the court.

The court directed the Assistant Public Prosecutor to forward the reports to the Home Department of the State of Maharashtra for necessary action.

The court proposed the creation of dedicated VC links for each court so that the Jail Authorities don't have to seek these links at the eleventh hour, and suggested the establishment of a separate kiosk for confidential discussions between lawyers and accused during VC proceedings.

The court directed the State Government to allocate the necessary funds to expand VC facilities.

Case no. – Bail Application No. 1836 of 2023

Case Title – Tribhuvansing Raghunath Yadav v. State of Maharashtra