HC seeks details on e-mulakat and video conferencing facilities in Maha jails

Bombay HC seeks details on video conferencing facilities in Maharashtra jails. Advocates highlight malpractices hindering undertrial rights.

MUMBAI: The Bombay high court (HC) has sought details from the Maharashtra government on the facilities of e-mulakat and video conferencing in jails across the state.

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A single bench of justice Bharati Dangre on August 2 sought statistics of how many accused have been produced before courts via video conferencing from jail and how many have been physically produced in the last six months.

The e-mulakat facility, which literally means virtual meeting, allows prisoners to make video calls to their families.

The court took cognisance of the issue after it came to know that the case of Tribhuvansing Yadav, an undertrial, was adjourned on 23 occasions as he was not produced before the court physically or via video conferencing.

“Lower courts are nonchalant towards this issue. Some session courts push the issue under the rug by saying that this is a very common issue. The word session courts have forgotten its origins, sessions courts would define a set period of days to decide a case, called a ‘session’ to hear and determine the case before it.” says advocate Vinod Kashid, who had represented Yadav before justice Dangre.

He further added, “The solution to this is that the prison authorities need to be sensitised towards the rights of undertrial prisoners and where there are cases of non-production due to negligence of prison authorities or police may be penalised.”

“The police demand money from the family of the accused to produce him before the court. In one case, the family of an undertrial demanded ₹15 thousand which he had to pay to a tea stall owner through an IMPS app which the police later collected in cash.”

Kashid said, citing other instances of malpractices in the system.

“In some cases, the prison authorities switch off the audio, and the accused cannot hear the evidence that is being produced against him in the court. This is against his legal rights. However, no heed is paid to such rights by the prison authorities” says Kashid

In another case, Kashid said, “A court in Dindoshi orally directed the police that a certain prisoner should be allowed to change clothes since he was wearing the same clothes from the last hearing. Police took clothes from the brother of the accused, however, did not even allow him to change clothes. The police took the clothes home. The court was forced to dictate an order to that effect.”

As of the time of publishing, we could not independently verify these claims made by Kashid. The high court had earlier sought details of whether video conferencing facilities were available at all jails and courts across the state. The state government had submitted a report that although it had made funds available for the same, 1,406 courts lacked audio/video interface.

The court has now sought statistics from prisons at Thane, Arthur Road jail and Byculla women’s jail in Mumbai, Taloja jail in Navi Mumbai, Adharwadi (Kalyan), Yerawada (Pune), Kolhapur and Nashik as to how many accused have been produced through video conferencing in the last six months and how many physical productions have taken place.

“In addition, there should also be clarification on the extent to which the facility of e-mulakat has been percolated in these jails,” the court said.

The bench posted the matter for further hearing on August 14. Kashid says he intends to submit these instances of corruption across the bar in the court.