Supreme Court To Examine Non-Production Of Undertrials Before Courts On Pan-India Basis; Seeks Responses From All HCs & DGPs

In a significant development, the Supreme Court has expanded the scope of a plea that originally concerned the non-production of undertrial prisoners before courts in Maharashtra, to examine the issue on a pan-India basis.

Observing that the non-production of accused persons before courts is a nationwide problem not confined to a particular State and requires comprehensive adjudication, a bench of Justices Ahsanuddin Amanullah and R. Mahadevan directed that the Directors General of Police and the heads of prison departments of all States and Union Territories be impleaded as party respondents in the case. The Court also directed that all High Courts be impleaded through their respective Registrars General.

Explaining the need to implead the High Courts, the bench noted that mechanisms already exist to produce prisoners before subordinate courts through video conferencing from jail premises, but such facilities are not being widely utilised.

Indicating that virtual production of undertrial prisoners could help address manpower constraints while maintaining safety and security, the bench noted that the mechanism continues to remain underutilised. It therefore asked the High Courts “to apprise the Court as to what measures they have taken for having a dedicated virtual Court only for ensuring the presence of the under-trial persons, who are incarcerated, on dates which are not effective in the sense that when they are not actually physically required for the purposes of examination of witnesses, etc.”

 Background

The matter originates from an earlier order passed on December 2, 2025, in which the Court strongly criticised Maharashtra prison authorities for repeatedly failing to produce an undertrial accused before the trial court.

The accused had been in custody for over four years and was not produced before the trial court on 55 out of 85 hearing dates. Terming the situation “appalling and shocking”, the Court granted bail to the accused and held that such repeated non-production amounts to a serious violation of fundamental safeguards available to prisoners.

On the previous date of hearing on February 2, 2026, the Court asked the Thane Commissioner of Police, Kalyan Jail's Superintendent of Police, and Additional Senior Jailor (Judicial) to remain present on next hearing and submit their show cause.

The hearing that took place on February 24, 2026, wherein the Court directed the impleadmend of the DGPs, Jail Authorities, and High Courts, noticed a criticism from the Court about the casualness of the Maharashtra Prison authorities, failing to submit their show cause.

Therefore, given the serious nature of the matter, which has shocked the conscience of the Court, it proceeded to examine the issue on a pan-India basis.

“We are also of the opinion that this is not a localised situation, but rather a Pan-India situation, which the Court is inclined to address in these proceedings for the larger public benefit especially, when it relates to the life and liberty of a common man.”, the court said.

The matter is directed to be listed on 01.04.2026.

Cause Title: SHASHIKUMAR ALIAS SHAHI CHIKNA VIVEKANAND JURMANI VERSUS STATE OF MAHARASHTRA

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Appearance:

For Petitioner(s) Mr. Pranay Chitale, AOR Ms. Sana Raees Khan, Adv. (N/P) Ms. Smiti Verma, Adv. Mr. Aditya Dutta, Adv.

For Respondent(s)/ For Applicant(s) Mr. Tushar Mehta, Solicitor General Mr. S.V. Raju, A.S.G. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv. Ms. Chitransha Singh Sikarwar, Adv.