Supreme Court Directs States To Implement Amicus Suggestions On E-Prisons Project

The Supreme Court recently directed the State Governments to take steps for the implementation of the suggestions submitted by amicus curiae Devansh A. Mohta on the e-prison project and file a report within 1 month in this regard.

The suggestions submitted pertain to the following:

(i) Publication of PTN(pre-trial number);

(ii) Collation of CNR (case number record) and PID/Jail ID;

(iii) Tracking of cases without CNR by Prison Authorities;

(iv) Enhancement/Expansion of database to include nonpolice cases; and

(v) Deployment of Personnel and regular training to operate e-prisons portal

A bench of Justices Abhay S. Oka and Ujjal Bhuyan also directed the Registrar (Judicial) to consider the directions sought under paragraph 11(i) and submit a report within 3 weeks in what manner the said could be implemented. The Registrar is also directed to look into the suggestions/directions incorporated in paragraphs 14 and 15. 

The following suggestions are elaborated:

(i) Publication of PTN(pre-trial number)-

(i) that the Trial Courts commence publishing PTN and FIR details on custody warrant to ensure efficient communication of those data elements to prison authority. Thereafter PTN and FIR would form part of all communication between Courts and Prison.

(ii) that upon procuring Jail ID from the Prison Authorities to publish the same along with PTN-FIR on all subsequent communications between Courts and Prison.

(ii) Collation of CNR and PID/Jail ID-

By Supreme Court

(i) Appropriate directions may be passed to ensure that CNR number as well as Jail ID and the PID of the accused/convict are collated in all criminal cases filed and pending before this Hon'ble Court the and these data elements are prominently mentioned in an “information sheet”/report for the convenience of all the stakeholders [Paragraph 11(i)]

By High Court 

(ii) A similar exercise may be undertaken by the High Courts in relation to all criminal cases pending before it.

By trial courts 

(iii)that the Trial Court may be directed to publish CNR that CNR number along-with PTN number, after framing of charges, on all communication from court to Prison.

(iv) that the Trial Court may consider attaching to conviction/final judgement an information sheet comprising of identifiers (Metadata) a template is attached to facilitate collation of key data elements by other agencies as well the higher courts. 

It is respectfully submitted that the communication between Courts and Prison – to ensure for instance Court order and appeal alters to prisoners would require automated processing.

In this regard, NIC has suggested a few integration proposals[paragraph 14]:

   (i) Integration of e-prison portal with e-filing portal of Hon'ble Supreme Court of India through API which will facilitate retrieval of Jail ID/PID at the time of filing. Similar integration with the High Courts is also feasible at the filing portals/counters.

 (ii) Installation of dedicated kiosk in the prison which will be utilized for filing jail petition (directly from jail) where jail ID would get shared with the Hon'ble Supreme Court of India. 

(iii) Development of portal on National Prison Portal to facilitate access to Prisoner Record by a registered advocate – on – record (subject to authorisation by accused or convict).

In this regard, the Supreme Court may be pleased to direct the appropriate authority in coordination with NIC may take appropriate steps to assess the feasibility of both [paragraph 15]:

i. Integration of e-prison portal with e-filing portal through a portal.

ii. Provision for access to Advocate-on-Records upon registration with a combination of AOR code and mobile number, subject to inmates' consent. 

(iii) Tracking of cases without CNR by Prison Authorities- It is respectfully submitted that apart from decision making, key data elements are also relevant for preservation of fundamental rights of the prisoners. Infact, prisoner management is also a tool for ensuring human rights of prisoners and respected and upheld.

It is respectfully submitted that Jail ID Case ID are necessary concomitant of a prisoners file. In view of the above it becomes the bounded duty of Jail Authority to ensure all inmate are assigned a PID. It is respectfully submitted that no inmate can remain unclassified and therefore it is respectfully submitted that the e-prison portal must also be utilized to ensure that an inmate is tracked and is not lost in the system.

A Handbook on Prisoner File Managment [UNDC] may lend perspective.

(iv) Enhancement/Expansion of database to include nonpolice cases- That NIC may be directed to take appropriate steps in coordination with States to expand the case typed included in the e-prisons portal, ensuring broader coverage of cases for CNR assignment. 

(v) Deployment of Personnel and regular training to operate e-prisons portal- That State Government may be directed to take steps to ensure within Prisons deployment of Data Operators and/or maintain a department for proper management and regular update of e-prison portal.

That the State Government may consider framing rules treating Punjab Prison Rules as a model.

Case Details: IN RE POLICY STRATEGY FOR GRANT OF BAIL|SMW (CRL.) NO(S). 4/2021

Appearance: Advocate Devansh A. Mohta (Amicus Curiae)

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