Ensure availability of internet in jails for easier transmission of bail orders: Supreme Court

In order to facilitate seamless transmission of bail orders from courts to jails, the Supreme Court has directed all States and Union Territories to ensure availability of internet facility with adequate speed in each and every jail (In Re: Delay in Release of Convicts after Grant of Bail)..The order was passed by a Bench of Chief Justice of India NV Ramana and Justices L Nageswara Rao and Surya Kant after it noted with concern, the plight of the jail inmates who are not released despite the bail orders passed by the Supreme Court due to delay in communication of such orders."We direct the Chief Secretaries of all the States/UTs to ensure the availability of internet facility with adequate speed in each and every jail in their respective States/UTs and take necessary steps to arrange for internet facility expeditiously wherever the same is not available," the order said.In this regard, the Court also ordered the Director General, National Informatics Centre, Secretary (Home) of all the States/UTs and the Director General/Inspector General of Prisons of all the States/UTs to ensure smooth and successful implementation of FASTER (Fast and Secured Transmission of Electronic Records) system.The Court had initiated suo-motu proceedings on July 16, 2021 based on news reports highlighting non-release of prisoners after grant of bail. It had then contemplated to adopt the procedure termed as FASTER to ensure that such situation does not arise in future.In furtherance of the same, the Court had directed the Secretary General of the apex court to submit a proposal suggesting the modalities to implement the FASTER system. It had further directed the Secretary General to co-ordinate/consult with the Amicus Curiae Dushyant Dave, Solicitor General Tushar Mehta, National Informatics Centre and other government authorities.In compliance with that order, a proposal suggesting modalities to implement the FASTER system was placed before the top court by the Secretary General Sanjeev S Kalgaonkar.As per the report, the FASTER system proposes that the e-authenticated copies of orders, digitally signed by the officer authorized in this respect may be transmitted to the duty-holders of the justice system.The FASTER system proposes to provide secured communication channel between the duty-holders. Two-factor authentication will further ensure authorized user access on the email domain. Automatic delivery notification will ensure that the email is properly delivered to the recipient.In order to create authentication mechanism, a unique QR Code is proposed to be appended on each of the page of judicial record which will lead the user to the website of the Supreme Court where the relevant orders are uploaded, for the purpose of verification."The FASTER (Fast and Secured Transmission of Electronic Records) system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel," the Court noted in its order passed on Thursday.The Court also noted that nineteen States have submitted compliance report/affidavits with regard to availability of internet facility in prisons. "The States of Arunachal Pradesh, Nagaland, Assam and Mizoram have indicated non-availability/partial availability of internet connectivity. Rest of the States have not filed affidavits in this regard," the Court said.It therefore directed all States to make internet facility available in all jails.The Director General, National Informatics Centre, Secretary (Home) of all the States/UTs and the Director General/Inspector General of Prisons of all the States/UTs shall ensure smooth and successful implementation of FASTER system and shall coordinate with the Registry of this Court in this regard," the order said..The top court also made it clear that requisite amendment in the Rules and Procedure for the Supreme Court of India in this regard will be taken up on the administrative side. The Court, therefore, directed that all the duty-holders to amend their rules/ procedure/ practice/ directions immediately, to recognize the e-authenticated copy of the order of the Supreme Court communicated to them through FASTER system..[Read Order]