Remand Prisoners Should Be Promptly Produced In Courts; Kerala HC

On a complaint that the Petitioner is not being promptly and properly produced before the court as an under-trial prisoner, the Kerala High Court in Geetharani Vs. State of Kerala, 2015 (1) KHC 569 has directed to the Police Authorities “whenever request is made from the jail, for police escort to take prisoners to courts, it shall be seriously honoured, and remand prisoners shall be promptly produced in courts.”

Justice P. Ubaid observed that “whenever production of any remand prisoner; man or woman, is ordered by the court, the District Police Chief or other appropriate authority will have to provide necessary Police Personnel for escort, and he cannot find any excuse in such a situation.”

It is true that the report shows that at present there is shortage of Women Police Personnel for attending such duties. This cannot at all be an excuse.

the Court said.

Remand Prisoner

The petitioner is involved as accused in some cases. In these proceedings, her grievance is before the Judicial First Class Magistrate Court-I, Kottarakara. On a complaint that she is not being promptly and properly produced before the court as an under-trial prisoner, she seeks direction to the learned Magistrate to cause production of the accused from jail on all posting dates.

Judicial First Class Magistrate-I, Kottarakara and District Police Chief, Thrissur submitted report regarding the present factual situation as required by the High Court.

Magistrate has reported that the petitioner was later produced in court in the two cases, and that she was granted bail also. It is also reported that as she could not procure necessary sureties, she is still continuing in jail.

The District Police Chief, Thrissur has reported that in view of the circular issued by the State Police Chief on the subject, all the officers concerned have been properly and promptly directed to ensure production of all women prisoners in court under sufficient and effective escort.

However, the State Police Chief has now issued a circular on the subject and has directed all the responsible officers to comply with the circular strictly.

“There shall not be any latches or delay on the part of the police in providing police escort requested by the jail authorities, and that remand prisoners shall be properly and promptly produced whenever ordered by the courts concerned.”

Court said.