Top Court calls for implementation of FASTER system which proposes transmission of e-authenticated copies of interim, stay & bail orders and record of proceedings

Read Order: In re DELAY IN RELEASE OF CONVICTS AFTER GRANT OF BAIL

Pankaj Bajpai

New Delhi, September 24, 2021:While expressing concern over the plight of the jail-inmates who are not released despite the bail orders passed by this Court due to delay in communication of such orders, the Supreme Court has observed that it is high time to utilize the Information and Communication Technology tools for efficient transmission of Court’s orders.

Noticing that 19 States have submitted compliance report/affidavits with regard to availability of internet facility in prisons, the Three Judge Bench of Chief Justice N.V. Ramana, Justice L. Nageswara Rao and Justice Surya Kant observed that the FASTER(Fast and Secured Transmission of Electronic Records) system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.

Going by the background of the case, suo-motu proceedings were initiated on July 16, 2021, based on the reports stating non-release of the prisoners after the grant of bail. This Court, therefore, contemplated to adopt the procedure termed as FASTER (Fast and Secured Transmission of Electronic Records) to ensure that such situation does not arise in future.

Accordingly, Secretary General of this Court was directed to submit a proposal suggesting the modalities to implement the FASTER system, which was duly complied and placed before this Court.

The Top Court observed that the proposal contains the pre-requisites and the timelines to work out the pre-requisites for implementation of the FASTER system.

Observing that the States of Arunachal Pradesh, Nagaland, Assam and Mizoram have indicated non-availability/partial availability of internet connectivity, whereas, rest of the States have not filed affidavits in this regard, the Top Court directed the Chief Secretaries of all the States/UTs to ensure the availability of internet facility with adequate speed in each and every jail in their respective States/UTs and take necessary steps to arrange for internet facility expeditiously wherever the same is not available.

Till then, communication shall be made through the Nodal Officers of the State Governments under FASTER system, added the Court.

The Apex Court also asked the Director General, National Informatics Centre, Secretary (Home) of all the States/UTs and the Director General/Inspector General of Prisons of all the States/UTs to ensure smooth and successful implementation of FASTER system and coordination with the Registry of this Court in this regard.

Therefore, while listing the matter after two weeks, the Apex Court called all the duty-holders to amend their Rules/Procedure/Practice/directions forthwith, to recognize the e-authenticated copy of the order of this Court communicated to them through FASTER system and to comply with the directions contained therein.