R D UPADHYAY Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1996-3-72
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on March 19,1996

R D Upadhyay Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) This public interest petition under Art. 32 of the Constitution of India has been filed by Mr R.D. Upadhyay, an Advocate of this court. It has been highlighted in the petition that a large number of undertrial prisoners have been languishing in Tihar Jail without trial for a very long period. This Court by the order dated 7.11.1994 directed the Superintendent Tihar Jail to file an affidavit giving a list of undertrial inmates of the jail who are confined for over a period of one year. Shri Tarsern Kumar, Superintendent, Central Jail, Tihar has filed an affidavit dated 9.2.1996 and has annexed a list giving jailwise break-up of undertrials who have spent more than one year at central Jail, Tihar, Delhi as on 25.1.1996. The list indicates that there are undertrial prisoners who are in jail for a period ranging from one year to 11 years. Mr Srivastava, learned counsel appearing for the NCT, Delhi has categorised the list of undertrials offence wise. The total cases categorised by Mr Srivastava have come to 1930. The list is as under: