Implementing FASTER: Supreme Court directs States to ensure internet facility with adequate speed in each and every jail

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In relation to the implementation of Fast and Secured Transmission of Electronic Records (FASTER), the Supreme Court on Thursday directed all the States to ensure the availability of internet facility with the adequate speed in each and every jail and take necessary steps to arrange for internet facility if not available expeditiously.

A bench of the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said, "We are concerned about 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 bench was hearing a suo moto matter in which the Court had taken cognizance on a report stating that the convicts lodged in Agra Central Jail have not been released on interim bail even after 3 days of the Order passed.

The bench said that the proposal submitted by the Secretary General of the Supreme Court as directed contains the pre-requisites and the timelines to work out the pre-requisites for implementation of the FASTER system.

The report submitted by the Secretary General has said, "Registry has proposed to introduce Fast and Secured Transmission of Electronic Records (FASTER) system which aims at communicating interim orders, stay orders, bail orders to the concerned authorities through a secured electronic communication channel."

"The FASTER system proposes to provide secured communication channel between the duty-holders. Two-factor authentication will further ensure authorized user access on the email domain. Automatic delivery notification will ensure that the email is properly delivered to the recipient," the report added.

The Court has further directed the Director General of the National Informatics Centre and Secretary (Home) of all states to ensure smooth and successful implementation of the FASTER system.

The bench has further said, "The requisite amendment in the Rules and Procedure for the Supreme Court of India be taken up on the administrative side. Further, all the duty-holders shall amend their Rules/Procedure/Practice/directions forthwith, to recognize the e-authenticated copy of the order of this Court communicated to them through the FASTER system and shall comply with the directions contained therein."

Earlier, the Court had asked the States to submit details of whether efficient internet facilities are available in their respective prisons. Today, Dave told Court that Arunachal Pradesh, Mizoram, Nagaland & parts of Assam have expressed difficulties with internet facilities and connectivity.

The Court had further directed the Secretary-General of the Supreme Court to suggest modalities to implement the FASTER system.

Background

Supreme Court while hearing a Suo Moto Writ Petition on “Delay In release of Convicts After Grant of Bail” acknowledged the need of speedier delivery of orders for Execution and passed a direction to the Registry with respect to the same.

Solicitor General, Mr. Mehta had suggested that orders uploaded on Court Websites can also be designated as “Official Orders” to effectuate quick release.

Brief submission was also made highlighting the need of “authentic orders” by the Jail authorities.

A Full Bench of Chief Justice NV Ramana, Justice Nageswara Rao and Justice AS Bopanna, while hearing the matter had said,

“In this age of Information and communication Technology, we are still looking at the skies for pigeons to communicate orders”

Court shared its deliberation on rolling out a Scheme “FASTER: Fast and Secure Transmission of Electronic Record”

Secretary General, Supreme Court has been directed to submit a detailed report within two weeks.

The bench aims at revolutionising transmission of Court orders, through credible channels, so that the implementation of it takes lesser time, benefitting persons enlarged on Bail.

Hon’ble Chief Justice also recorded that the order copies are available but jail authorities are not acting on it.

Case Title: In Re Delay In Release Of Convicts After Grant Of Bail