Supreme court orders UP to identify eligible undertrial prisoners

NEW DELHI The Supreme Court has directed the Uttar Pradesh government to identify undertrial prisoners across all districts who remain behind bars despite receiving bail because they cannot meet the conditions imposed by trial courts, including furnishing sureties. A Bench comprising Justices MM Sundresh and PB Varale said the exercise must cover all eligible prisoners, regardless of whether they are represented by private lawyers or receive assistance through District Legal Services Authorities (DLSAs). It emphasised that legal assistance cannot be denied merely because a prisoner has engaged a private advocate. The court directed DLSAs to extend support to every undertrial unable to secure release after being granted bail. It also asked concerned courts to consider cases brought to their attention by legal services authorities and suitably modify bail conditions wherever necessary to facilitate release. The directions followed information presented before the court that 264 undertrial prisoners granted bail had been identified across 20 districts of Uttar Pradesh. Of these, 158 had secured release, while 106 remained incarcerated because they could not furnish sureties or comply with other bail conditions. The Bench noted that the figures covered only 20 districts, with similar identification exercises yet to be conducted in the remaining parts of the state. It directed the government to coordinate with the respective DLSAs to identify all eligible prisoners and ensure necessary assistance. The court further observed that responsibility for facilitating the release of such prisoners ultimately rests with the state government. The directions were issued on November 4 as part of suo motu proceedings examining systemic issues involving undertrial prisoners and prison reforms. The proceedings also examine the continued detention of individuals who have secured bail but cannot fulfil financial or other requirements imposed by courts.