After dead man gets bail, law student proposes 9-point solution

Mohammed Tasnimul Hassan, law student from Jamia Millia Islamia

Mohammed Tasnimul Hassan, a final-year law student from Jamia Millia Islamia, Delhi, has proposed a nine-point solution for effective communication within the various arms of the criminal justice system to prevent compromising justice due to errors.

Shocked by the recent incident involving the death of Suresh Pawar, a 65-year-old amputee undertrial prisoner who died due to septicaemia at JJ hospital while his bail plea was pending before the sessions court in Mumbai, he emphasises that bail should be the norm, while jail should be the exception.

mid-day's June 12 article ‘Bail for dead man: Experts want probe' highlighted the grant of bail to an undertrial accused two days after his death. Experts argue that urgent reforms are needed. Tasnimul suggests these measures to address the problem of ineffective communication in the criminal justice system:

Jail authorities should notify courts: Requiring jail authorities to promptly notify the court of any undertrial prisoner's death by the end of the business day.

Advocates should notify courts: Requiring the undertrial prisoner's advocate to immediately inform the court of their client's status in the event of their death.

System to track status: Establishing a system to track the status of undertrial prisoners, including a database maintained by jail authorities and accessible to the court.

Improved communication: Improving communication channels between courts and authorities to ensure timely and accurate information about the accused's status.

Verification protocols: Implementing stringent verification protocols to confirm the accused's status, especially in sensitive cases.

Centralised database: Establishing a centralised database that maintains up-to-date records of undertrials, accessible to relevant stakeholders.

Standard operating procedures: Implementing standardised procedures for dealing with unfortunate incidents, including mandatory reporting to the court and parties concerned.

Periodic case review: Conduct periodic case reviews to keep the court informed of significant developments, even after bail applications are filed.

Sensitisation and training: Organising training sessions and awareness programmes for judicial officers, court staff, and stakeholders to promote diligence and accountability.

Advocate Rohini Salian, the former chief public prosecutor, supports the suggestions. She also said, "The court should immediately call for a probe, as Pawar was in judicial custody and anything untoward happening to him while undergoing treatment, should have been immediately brought to the notice of the court by authorities concerned, as such death amounts to custodial death."

65
Age of amputee undertrial prisoner