‘Appalling And Shocking’, SC On Undertrial Not Being Produced Before Court On 55 Dates, Orders Probe
The defence lawyer contended that the accused was not produced before the trial court on 55 of the 85 days of the trial.
By Sumit Saxena
Published : December 3, 2025 at 10:49 PM IST
New Delhi: The Supreme Court has deplored the approach of the Maharashtra Police for not producing an undertrial prisoner before the trial court on 55 of the 85 dates.
A bench comprising justices Ahsanuddin Amanullah and Prashant Kumar Mishra ordered a probe by the state's director general of prisons and asked him to submit a report, and granted bail to one Shashi alias Shahi Chikna Vivekanand Jurmani. The petitioner is an accused in an attempt-to-murder case.
“We are shocked at the conduct of the State authorities. The production of an accused before the court is not only to ensure speedy trial but more importantly, as a safeguard so that the prisoner is not abused otherwise, and he comes directly in contact with the court so as to air his grievances, if any, against the authorities”, said the bench, in an order passed on Tuesday.
The bench deprecated the fact that despite the trial in progress in the case, he was not produced before the court 55 times out of the 85 dates given by it.
The bench said, “We find that there has been a grave infraction of such a fundamental safeguard, which is appalling and shocking. We deprecate the same”.
Advocate Sana Raees Khan, appearing for the petitioner, contended that the role attributed to her client is that of stabbing the deceased with a knife in the FIR filed by the informant, who claims to be an eyewitness.
Khan pointed out that the accused has been in jail for the last four years and charges are yet to be framed.
Khan contended that the accused was not produced before the trial court by the police on 55 dates out of the 85 days of the trial.
The bench directed the director general of prisons, Maharashtra or the designated head of the department of prisons, to conduct a personal inquiry into the matter and fix responsibility and take action against the persons concerned. “It is made clear that if any attempt is made to protect or shield any person, the Director General of Prisons/Head of Department of Prisons to whom we are entrusting the inquiry, shall be personally held responsible for the same”, said the bench.
The bench said for considering the personal report of the director general of prisons/head of department of prisons, the matter be listed on February 3, 2026.
