03 December,2025 06:26 PM IST | New Delhi | mid-day online correspondent
The court said the situation was “appalling and shocking”. Representational Pic/File
The Supreme Court has criticised the Maharashtra authorities after discovering that an undertrial prisoner was not produced before the trial court on 55 out of 85 hearings, reported the IANS.
The court said the situation was "appalling and shocking".
A Bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra made the remarks while hearing a bail application filed by Shashi alias Shahi Chikna Vivekanand Jurmani, who has been in custody for over four years in a 2021 attempt-to-murder case registered at the Vitthalwadi Police Station in Ulhasnagar, Thane, according to the IANS.
The petitioner faces charges under multiple sections of the IPC, including 143, 147, 148, 149, 307, 326, 353 and 333. His counsel argued that although the initial FIR claimed a stabbing, later statements clarified that he had only used fists and kicks. A dying declaration by a police constable attributed the knife attack to another co-accused, as per the IANS.
"We are shocked at the conduct of the state authorities," the bench said, adding that production of an accused is not merely a procedural formality but a "safeguard so that the prisoner is not abused otherwise" and to air his grievances before the trial court, if any, against the authorities, according to the IANS.
The Bench noted that a co-accused, Umesh alias Omi Bansilal Kishnani, described as "identically situated", had already been granted bail.
The court therefore allowed bail for the petitioner as well.
However, the Supreme Court expressed strong concern over the authorities repeatedly failing to produce the undertrial before the trial court. It stressed that production of an accused is not a mere procedural step but a vital safeguard to ensure the person is not mistreated and can raise any grievance before the judge.
Calling the repeated non-productions a "grave infraction" of a fundamental safeguard, the apex court directed the Director General of Prisons to personally hold an inquiry, identify those responsible, and take strict action. The Bench also warned that any attempt to protect or shield the officials involved would result in personal liability for the DG Prisons, as per the IANS.
The court ordered the Director General of Prisons to file a personally affirmed affidavit along with a detailed report within two months, with the matter listed to be heard again on 3 February 2026.
(with IANS inputs)
