Speedy disposal of pending cases and the release of under trial prisoners on bail if they have been in jail for more than six months.

ORDER

1. Notices on this petition shall be issued to all the High Courts returnable by 26.2.1999. The High Courts shall be required to furnish a list of all pending Criminal/district wise in different courts specifying the offences to which they relate and if they are pending for more than five years as on 3I.12.98, the reason for not being disposed of speedily. The High Courts will also indicate whether the existing courts are sufficient for speedy disposal of the pending cases including trials and, if not, what are the requirements for the additional courts.

2. The affidavit filed by State of U.P. is highly unsatisfactory and does not give details as were required by this Court. Apart from the fact that the details of pending cases beyond five years have not been given, they have also not specified the offences for which the cases mentioned in the schedule appended to the affidavit are pending. We, therefore, direct the State of U.P. to file a better affidavit by 26.2.1999.

3. On a perusal of the various charts filed by the State of Punjab in response to the orders passed by this Court from time to time, it has come to our notice that in the State of Punjab, there are 140 under trial prisoners for offences under Sections 107/151 Cr.P.c. Out of this 36 have been released on bail and 104 have not been released on bail and are in jail for more than 6 months.

4. We direct that these under prisoners shall be released on b ail on furnishing personal bonds to the Chief Judicial Magistrates concerned. This direction will be effective in respect of other States also where the under trials prisoners for offences under Sections 107/151 Cr.P.C. are in jail for more than 6 months.

5. List on 26.2.1999 before the Court of Honble the Chief Justice as the problems relating to pendency of Courts, requirement of additional Courts, filling up of the existing vacanciess at various levels including the High Courts can be effectively tackled in that Court.