Post Rohini shootout, plea in Supreme Court seeks directions to minimise production of undertrials in court

A petition has been filed before the Supreme Court to pass directions to trial courts to refrain from seeking physical presence of undertrial prisoners in court as a matter of routine (Rishi Malhotra v. Union of India)..The plea by advocate Rishi Malhotra filed in the light of the recent shootout in Rohini court which left three people dead, said that presence of undertrials in courts not only endangers the safety of public as well as judicial officers but also provides opportunity to hardcore prisoners to escape from the custody of the police.All over India, undertrials are produced from the jails to the concerned trial court on each and every date of hearing of the case which "not only leads to unnecessary expenses on the State exchequer but also more importantly endangeres the public safety and also the safety of the concerned under trial especially in the cases of notorious gangsters and habitual criminals," the plea said..The plea pointed out that the Code of Criminal Procedure (CrPC) through various provisions viz. Sections 205, 267, 268, 270, 273 and 317 provides powers to the concerned court to dispense the personal presence of undertrial from jails during normal trial proceedings..Elaborating on some of the CrPC provisions, the plea stated:Section 205 CrPC gives power to a Magistrate issuing summons to dispense personal attendance of an accused and further permits him to appear through his pleader. Section 205(2) CrPC further provides that at any stage of a case, if the Magistrate desires that the personal attendance of an accused is necessary, he can pass orders enforcing such attendance.Section 267 CrPC which deals with the power of the trial court to require attendance of a prisoner from jail gives discretion to a trial judge (the word use is ‘may’) to order attendance of a prisoner from Jail..The petition, therefore, prayed for a direction so that trial courts do not routinely order presence of undertrial prisoners to be present in court during proceedings unless needed. The presence of such prisoners through virtual attendance could also be considered as an option, the plea added.