'FASTER' Release Of Prisoners After Bail : Supreme Court Directs States/UTs To Accept E-Authenticated Copies Of Orders

While expressing concern about the plight of the jail- inmates not released despite bail orders passed due to delay in communication of such orders, the Supreme Court on Thursday approved the use of an electronic system named FASTER (Fast and Secured Transmission of Electronic Records) for transmission of e-authenticated copies of orders.

"It is high time to utilise the Information and Communication Technology tools for efficient transmission of Court's orders", a bench headed by the Chief Justice of India NV Ramana said.

The bench has observed that the requisite amendment in the Rules and Procedure for the Supreme Court of India for inclusion of the system will be taken up on the administrative side.

A bench comprising CJI Ramana, Justice Nageswara Rao and Justice Surya Kant has issued the directions in its suo motu case taken to address the problem of delayed release of prisoners after grant of bail. 

The FASTER (Fast and Secured Transmission of Electronic Records) system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.

The Bench has directed the Director General, National Informatics Centre, Secretary (Home) along with the Director General or Inspector General of Prisons of all the States and Union Territories to ensure smooth and successful implementation of FASTER system and coordinate with the Supreme Court's Registry in this regard.

The Bench has directed all the duty-holders to amend their Rules/ Procedure/Practice/directions forthwith to recognise the e-authenticated copy of the order of the Top Court communicated to them through FASTER system and comply with the directions contained therein.

"...all the duty-holders shall amend their Rules/Procedure/Practice/directions forthwith, to recognize the e-authenticated copy of the order of this Court communicated to them through FASTER system and shall comply with the directions contained therein"

The Apex Court has also directed the Chief Secretaries of all the States and Union Territories to ensure the availability of internet facility with adequate speed in each and every jail and take necessary steps to arrange for internet facility expeditiously wherever the same is not available. Till then, the communication is directed to be made through the Nodal Officers of the State Governments under FASTER system.

The Court has directed the implementation of the FASTER system after perusing the proposal submitted by Secretary General of the Supreme Court suggesting modalities for implementation and the pre-requisites and the timelines to work out the pre-requisites for implementation of the system.

States to ensure availability of internet facilities

19 States have submitted compliance reports/affidavits with regard to the availability of internet facility in prisons.

"The States of Arunachal Pradesh, Nagaland, Assam and Mizoram have indicated non-availability/partial availability of internet connectivity. The rest of the states have not filed affidavits in this regard. We direct the Chief Secretaries of all the States/UTs to ensure the availability of internet facilities with adequate speed in each and every jail in their respective States/UTs and take necessary steps to arrange for internet facilities expeditiously wherever the same is not available. Till then, the communication shall be made through the Nodal Officers of the State Governments under the FASTER system. The Director-General, National Informatics Centre, Secretary (Home) of all the States/UTs and the Director-General/Inspector General of Prisons of all the States/UTs shall ensure smooth and successful implementation of the FASTER system and shall coordinate with the Registry of this Court in this regard", the order said.

Background

On July 16, taking suo motu cognizance of the issue, a Bench led by CJI had on last occasion observed that the Supreme Court was thinking of implementing a system to electronically transmit bail orders to prisons so that the release of prisoners on bail will not be delayed.

The suo motu case was prompted by a news report which stated that the convicts lodged in Agra Central Jail have not been released even after 3 days of the order granting them bail.

The Bench had asked the State Governments/Union Territories the details of whether efficient internet facilities are available in their respective prisons. If not, the States were directed to suggest alternative if any.

The Bench had also directed the Secretary General of the Supreme Court to submit a proposal suggesting the modalities to implement FASTER system within two weeks.

The Secretary General was directed to coordinate/consult with the Amicus Curiae, Mr. Dushyant Dave, Senior counsel, Mr. Tushar Mehta, Solicitor General of India, the National Informatics Centre or other Government Authorities, in this behalf.

Case title - IN RE DELAY IN RELEASE OF CONVICTS AFTER GRANT OF BAIL [SMW(C) No. 4/2021]

Click here to read/download the order