prisoners may be confined either in association or individually in cells or partly in one way and partly in the other. Segregation of under trial prisoners. Rule235. Under-trial prisoners may be confined separately in cells, when in the opinion of the Superintendent, it is necessary in the interest of the prison discipline to do so, or under the orders of the Inspector-General, or of Government. COMMENTS Detention of under trial accused. Delay in trial. Reports received from the trial Courts revealed that the main reason for delay in trial of the cases of prisoners detained in custody for long duration were non-appearance of prosecution witnesses and non-production of prisoners in the Court at the time of hearing. Person accused of an offence could not be detained indefinitely and a presumption of innocence was attached to him until proof of his guilt. High Court directed that after 31st March, 2007, nonproduction of a prisoner on the date of hearing could possibly be treated as detention without lawful authority or in an unlawfulmanner and be dealt with accordingly. Trial Courts were also directed furnish a list of cases on a daily basis when prisoners in, custody had not been produced. Superintendents of Central Prison and special prison, were directed to furnish quarterly reports mentioning the prisoners not produced in Court on that date of hearing and reasons for such non-production. Non-production off prisoners, was not the only cause of unconscionable delay, but on several occasions non-availability of witnesses or the relaxed attitude of the parties or the courts contributed to such delay. Keeping prisoners in cells. Crowding of prisoners; Measures to be taken. Only convicts and not under-trial prisoners could be kept in cells, save in exceptionable conditions. High Court directed that immediate steps be taken to construct new barracks in District jails and central jail; that as soon as barracks were completed, all convicted" persons be transferred from central jail to partly relieve the said jail from burden of over population; that possibilities of further construction in the premises of central jail could be examined that Jail Authorities would prepare a list of all under-trial prisoners, convicts charged with offences punishable with imprisonment for three years or less, which would be produced in the Court on next date of hearing so that they could be transmitted 94

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