Introduction:

In a significant order, the Supreme Court has established a Standard Operating Procedure (SOP) for the effective implementation of the scheme supporting poor prisoners. This development stems from the 2022 landmark decision in Satender Kumar Antil vs Central Bureau Of Investigation, emphasizing the “bail over jail” principle. The SOP, proposed by the Union and endorsed by the Court, outlines specific guidelines for aiding poor prisoners, undertrial prisoners, and convicted prisoners.

Key Points:

1. Background:

The Supreme Court’s SOP is a response to the directives in the Satender Kumar Antil case, where the importance of minimizing unnecessary arrests and emphasizing bail was highlighted.

2. SOP for Poor Prisoners:

The SOP suggests the formation of Empowered Committees in each District, comprising key members like District Collector, Secretary of District Legal Services Authority, Superintendent of Police, Prison Superintendent, and a nominated Judge. These committees will assess financial support needs for securing bail or paying fines. The funds will be provided through the Central Nodal Agency (CNA) and reimbursed to the competent authority.

3. SOP for Undertrial Prisoners:

The SOP sets a timeline of seven days for releasing an undertrial prisoner after a bail order. If financial surety is challenging, the District Legal Services Authority (DLSA) is informed, and a District Level Committee assesses cases every 2-3 weeks. Financial benefits up to Rs. 40,000 can be provided, with additional discretion for higher amounts.

4. SOP for Convicted Prisoners:

For convicted prisoners unable to pay fines, the jail Superintendent informs DLSA within seven days. DLSA inquiries about the financial condition, and the Empowered Committee can release fines up to Rs. 25,000. Amounts exceeding this require state-level Oversight Committee Approval.