The Delhi High Court on Wednesday(8MAY) order the investigative agencies and the government to consider the use of advances in technology like the GPS tracking system to track undertrials out on bail so as they don't flee from justice.
Justice Asha Menon's recommendation came while upholding the bail granted to cricket bookie Sanjeev Chawla, who was recently extradited to India, dismissing a plea filed by Delhi Police challenging the trial court order in the matter. "In an aside, this case brings to the fore the need for investigative agencies and the government to consider the use of advances in technology to track undertrials in cases of this nature where the state may fear that an accused may flee from trial," the court said.
"Digital and electronic equipment, as presently used in America, ought to be introduced in India, so that a tracking system similar to the GPS Tracking System, can be used to monitor the movement of the accused released on bail, allowing the authorities to gather information all the time while permitting the accused to undertake the usual and ordinary activities of normal life," the court said. The High Court appreciated trial court for using alternatives in the absence of such systems in India and said that sessions judge has adopted the next best course available, by directing the accused to keep a mobile phone operational at all times.
The High Court directed Sanjeev Chawla and both his sureties to furnish the details of their mobile phones to the SHO/IO and keep their mobile phones operational at all times. Further, the accused Sanjeev Chawla should make a call to the IO/SHO once a day and should not leave Delhi except with the permission of the court. The court also said that the accused cannot leave the country till the trial is concluded.
Justice Asha Menon had, earlier this month, reserved its order on the plea seeking cancellation of regular bail granted to Sanjeev Chawla by a sessions court on April 30.
Senior advocate Vikas Pahwa appeared for Chawla in the hearing held through video conferencing while Delhi Police was represented by public prosecutor Kewal Ahuja. Sanjeev Chawla, who is one of the main accused in the match-fixing scandal that also involved late South Africa captain Hansie Cronje, was granted bail by the sessions court on furnishing a personal bond of Rs 2 lakh. He had allegedly conspired with the latter to fix matches during South Africa's tour to India in the year 2000. Police, while challenging the bail order, urged the judicature to set aside the trial court order and stated that the accused is a British national and there are chances that he may fly back.
The police also stated that it took them 20 years to bring Sanjeev Chawla to justice in India and added that the investigation team worked hard on this case to get the accused extradited from the United Kingdom. All states have come up with measures to ensure that those released on parole are constantly tracked to ensure that they do not escape.
While Delhi’s Tihar Jail authorities have turned to local police stations for the job, in West Bengal, a detailed list of the inmates to be released is being prepared. UP has formed a state monitoring committee to keep track of them. “It is important to keep a watch on those released; so we will keep the concerned police station in the loop,” a Tihar official said. “We have asked each area SHO to keep us posted on the movement of the inmates. “In fact a personnel from the local police station, where the inmate’s residence is located, will keep visiting them to check on them,” he added.
“Moreover, we are not releasing hardened criminals. Those getting released may not have propensity to jump parole,” he said.
Uttar Pradesh is moving with extra caution. It has formed a state-level monitoring committee to keep a watch on released criminals.
Prisoners having jail term upto seven years to be released
The Supreme Court has suggested to the states that only prisoners who have been charged with or convicted of offences with jail terms of up to seven years should be considered for parole.
Considering this, most states including Maharashtra, UP, Kerala, West Bengal and Delhi, have kept this as a base criteria for the release of prisoners. Some states, however, added a few provisions and put more filters, based on their respective requirements.
Delhi’s Tihar Jail has decided that undertrials, charged with a single crime whose punishment is of seven years or less and who have spent three months in jail, will be considered for interim bail to start with.
A special measure of an emergency parole has also been introduced by the Delhi government.
“The Delhi government has issued a notification introducing a new provision of emergency parole of two months in emergency situations, in addition to the regular parole available to the convicts,” the Tihar official said.
So in last we can say that it is neither feasible and hardened for police to track the accused or victims.
