Ensure internet in all jails for e-bail orders: SC o states, UTs

The bench was considering a suo-motu (registered on court’s own motion) case initiated last month following reports that several prisoners were not released despite the grant of bail by the Supreme Court.

The Supreme Court on Thursday directed all the state and Union territories to ensure the availability of internet facility with adequate speed in each and every jail of the country so that prison officials could release the inmates without delays after receiving the electronically-authenticated bail orders.

SC internet

“We are concerned about the plight of the jail-inmates who are not released despite the bail orders passed by this Court due to delay in communication of such orders. It is high time to utilize the information and communication technology tools for efficient transmission of Court’s orders,” said the bench, headed by Chief Justice of India NV Ramana.

The bench, which included justices L Nageswara Rao and Surya Kant, was considering a suo-motu (registered on court’s own motion) case initiated last month following reports that several prisoners were not released despite the grant of bail by the Supreme Court. One of the chief reasons for delay in their release was the time taken in transmitting the orders of the Supreme Court to the concerned jail.

The court had then contemplated to adopt the procedure termed as “FASTER” (Fast and Secured Transmission of Electronic Records) to ensure that such situation does not arise in future. The FASTER (Fast and Secured Transmission of Electronic Records) system proposes transmission of e-authenticated copies of the orders of the Supreme Court to the duty-holders for compliance and due execution, through a secured electronic communication channel.

The court, on July 16, asked its secretary general Sanjeev S Kalgaonkar to submit a proposal suggesting the modalities to implement the FASTER system, after consulting solicitor general Tushar Mehta, amicus curiae (lawyer requested to assist the court) Dushyant Dave and other stakeholders.

On Thursday, the bench took up the proposal submitted by Kalgaonkar, following which it directed chief secretaries of all the states and UTs to make internet facility available in all prisons, adding wherever it is not available presently, communication shall be made through the nodal officers of the state governments under FASTER system.

The bench also directed the director general, National Informatics Centre (NIC), secretary (home) of all states and UTs and their director general of prisons to ensure smooth and successful implementation of FASTER system in coordination with the registry of the Supreme Court.

It further ordered that concerned rules and practice directions shall be modified suitably by all the authorities to recognize the e-authenticated copies of the orders of the apex court communicated to them through FASTER system.

The court has fixed the hearing of the matter after two weeks to assess the progress made.