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2001 Supreme(Del) 582

USHA MEHRA, M.A.KHAN
ESSANG NYONG – Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) – Respondent


Advocates Appeared:
AJAY AGRAWAL, MUKTA GUPTA, S.G.K.MURTHY, SUNIL KULKARNI

( 1 ) MR. Aggarwal, DG (Prisons) says that fresh list of 243 cases along with the CRO certificate has been forwarded to the Chief Metropolitan Magistrate for fixing the date. Learned Chief Metropolitan Magistrate is present and says that she has not received the clarification as to what type of cases could be included under the definition of petty offences which are to be taken up at jail premises. These Courts were held in pursuance to the letter of the Chief Justice of India dated 2 9/11/1999. Para 2 of the said letter is reproduced as under:

"i called for information from National Crime Bureau regarding the number of such undertrial prisoners in the country but they are not maintaining statistics in this regard. However, in Central Jail, Delhi, only over 9000 prisoners were languishing as undertrial prisoners on 31st of July, 1999. According to one survey out of the total jail population in the country, undertrial prisoners constitute 73% many of whom are involved in petty offences and are ready and willing to confess their guilt but cannot do so unless a Police report is filed against them in a Court of law. Most of such prisoners are not likely to get severe punishments for the









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