Andhra Pradesh High Court issues directions to tackle delay in release of persons after bail due to delay in issuing certified order copy

The Andhra Pradesh High Court on Thursday took note that in several cases, there was a delay in releasing accused persons from jail despite their being granted bail, on account of delays in issuing certified copies of the Court's orders.

. Despite the best efforts of the Registry, there was a significant delay in issuing certified copies of orders, the Court noted. The Court added that while there is a large number of pending cases, there is also a dearth of staff making it difficult to issue the order copies within a short span of time.

. "In cases, where the accused are entitled for statutory bail as they are languishing in jail for more than 60, 90 and 180 days, when default bail is granted, it was brought to the notice of the Court that there was considerable delay in dispatching the copy of orders. Hence, this Court feels that an alternative mechanism shall be evolved to address the plight of these undertrial prisoners/accused . Recently, the Hon’ble Apex Court has also taken a serious note of this issue", the Court remarked. . As such, Justice Lalitha Kanneganti has now issued various directions so that verified web copies of the Court's orders (i.e. those downloaded from the High Court's website) may be used to secure the release of persons granted bail without undue delay.

. These directions were issued bearing in mind that the Andhra Pradesh High Court has recently implemented a procedure to ensure that Court Masters upload daily proceedings, orders and judgments on the same day as when they are passed.

. The directions issued will come into force on 26 July, 2021.

. "These directions will be in force until further orders or suitable Rules are framed in this regard. It is needless to mention, if any clarification or modification is required for effective implementation, they will be examined accordingly on the next date of hearing", the Court said.

. T he Court has issued the following directions . (a) Parties/Advocates shall download the order copy from the High Court’s Website along with case details which are available in the case status information.

(b) While filing the memo on behalf of accused for furnishing sureties, the Advocate shall State in the memo that he/she has downloaded the order copy from the High Court’s Website. The concerned Administrative Officer / Chief Ministerial Officer of the Court shall verify the order from the High Court’s Website and make an endorsement to that effect and then shall place the same before the Court.

(c) The Public Prosecutor shall also obtain necessary instructions in this regard and assist the Court.

(d) The Presiding Officer on the same day shall dispose of the same and dispatch the release order to the concerned jail authorities forthwith through email or any other electronic mode.

(e) In cases of anticipatory bail, the burden to verify the authenticity of the copy is on the concerned Station House Officer and if necessary, he should obtain necessary instructions from the Public Prosecutor’s Office and complete the process on the same day expeditiously as per law.

. Merely saying an accused has an indefeasible right to bail itself not enough without furnishing order copy: Court . The Court was prompted to pass the order while allowing a bail application of an person arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

. The Court granted bail, reasoning that the entire investigation had concluded, the charge sheet had been filed, and given that the accused had been languishing in jail for a considerable time.

. However, on deciding the matter the Court also acknowledged larger issues arising out of expeditious unavailability of certified order copies.

. Justice Kanneganti proceeded to make pertinent observations on the rights of an accused person, observing that the protection of an individual’s personal liberty is an undeniable Constitutional duty of the Court .

. “ Article 21 of the Constitution of India mandates that the personal liberty of an accused can be curtailed only after strict compliance with the procedure established by law. Sections 438 and 439 of Cr.P.C. ensures that the accused is not deprived of his personal liberty arbitrarily. The Hon’ble Apex Court in catena of cases has held that speedy adjudication process is one of the main facets that constitute the essence of access to justice and without it, access to justice as a constitutional value will be a mere illusion. Denial of this right undermines public confidence in the justice delivery system", the Court observed.

. The Court further pointed out that the right of an accused to have their bail application heard within a reasonable time is a Constitutional liberty.

. While so, merely emphasizing that an accused has an indefeasible fundamental right to bail itself is not sufficient without furnishing the copy of the order , the Court said.

. Having issued directions to ensure that a delay in furnishing order copies does not obstruct an accused person's right to bail, the Court also directed that order be circulated widely for implementation.

. In this regard, the Court has ordered:

The Registrar (Judicial) shall communicate copy of the order to (1) The Principal Secretary for Home Affairs, Andhra Pradesh; (2) The Director General of Police, Andhra Pradesh; (3) The Director of Prosecution, who in turn shall sensitize the Police Officers / Station House Officers / Public Prosecutors and ensure implementation of the order.

Registrar (Judicial) shall communicate copy of this order to all the Principal District Judges in the State, who in turn shall sensitize all the Presiding Officers and ensure implementation of this order.

Registrar (Judicial) is further directed to circulate the copy of the order to all the Bar Associations in the State through the Principal District Judges, so that they can effectively address their clients’ cause.

Registrar (Judicial) shall also issue a separate notification in this regard and the same shall be displayed in the High Court’s Website.

. The Court has directed Judicial Officers and Police Officers in the State to inform the Registrar and the Public Prosecutor, respectively, of any issues concerning the implementation of the Court's directions.

. " It is the responsibility of all the stakeholders to uphold the public confidence in the justice delivery system by giving timely justice which includes furnishing the copies of orders/judgments . ", Justice Kanneganti added, on a parting note.

. The matter will be considered by the Court next on August 31.

. [Read Order]

Andhra Pradesh High Court issues directions to tackle delay in release of persons after bail due to delay in issuing certified order copy

Shagun Suryam

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