SUPREME COURT TO EXAMINE PLEA FOR DIGITAL VERIFICATION OF BAIL SURETIES TO PREVENT DELAYS IN PRISONER RELEASE:

The Supreme Court has issued notice on a writ petition seeking the adoption of digital technology for verification of bail sureties, with the objective of preventing delays in the release of prisoners who have already secured bail. The matter was heard by a bench comprising Justice Vikram Nath and Justice Sandeep Mehta, which not only issued notice to the concerned authorities but also impleaded the National Legal Services Authority (NALSA) through its Member Secretary, recognizing the importance of the issue from an access to justice perspective.

The petition has been filed by a senior citizen, presently settled in Italy for over two decades. He was arrested in January at the Delhi Domestic Airport under Sections 39, 49, and 51 of the Wild Animal Protection Act, 1972, on allegations that he was transporting a deer horn from Italy, said to be valued at around 20 euros. Although bail was granted to him, his release was delayed due to the verification of sureties who had travelled from Kerala to Delhi. This verification process caused him to remain in jail for eight additional days after bail had already been granted.

The petitioner has highlighted that his experience reflects a systemic issue faced by many accused persons in India. According to him, the existing system of surety execution and verification is outdated and cumbersome. Once bail is granted, the accused still faces challenges because the surety is often required to travel from distant locations, and the police must then visit these locations to verify the credentials of the surety. Until this process is completed, the accused remains incarcerated despite the bail order. The petitioner pointed out that in most cases, courts tend to accept only sureties personally known to the accused, which further complicates matters when the accused or surety is from another state or abroad.

In his plea, the petitioner urged the Court to direct the Union Government, the Government of Delhi, and the Delhi Police to adopt modern technological solutions for surety verification. He argued that digital verification would align with the needs of the current generation, where individuals frequently travel across India and overseas. The use of science and technology, he contended, would ensure that once bail is granted, the subsequent release of the accused would not be unnecessarily delayed.

Beyond this systemic relief, the petitioner has also sought certain individual remedies. These include the return of his passport, which had been seized, as well as a modification of bail conditions that presently restrict him from travelling abroad. He has additionally requested an inquiry into alleged incidents of ill-treatment during his incarceration in Tihar Jail.

Recognizing the larger implications of the petition, the Supreme Court has sought responses from the relevant authorities and directed NALSA to be involved in the proceedings. The matter has been scheduled for further hearing on September 15, where the Court will consider whether digital mechanisms can be introduced to reform the current system of bail surety verification.