More than 82 per cent of prisoners in Punjab’s jails are undertrials, with over 30,000 inmates behind bars for years without their trials concluding. Data compiled till May 20 shows that 30,339 of 36,846 inmates are undertrial prisoners, while only 6,457 are convicts.Men form the bulk of undertrials at 28,817, with 1,520 women and two transgender persons. Central Jail Ludhiana alone houses 3,489 undertrials out of 4,404 inmates, followed by Kapurthala (3,750) and Amritsar (2,953). Smaller jails like Fazilka and Moga have under 100 inmates, raising questions over prison resource allocation.Though women form a small share of the total prison population, the 1,520 undertrial women reflect prolonged legal entanglements. Women-only jails such as Ludhiana and Bathinda hold exclusively female prisoners. Ludhiana women’s jail houses 226 undertrials and 69 convicts. There are three transgender inmates across Punjab, with two undertrials.Why trials are delayedOne key cause of delay is the habitual absence of police officers summoned as witnesses, especially in drug cases. The Punjab and Haryana High Court has repeatedly condemned this pattern, terming it “blatant disregard for judicial authority.”In several orders, the court noted that police officers failed to appear despite being summoned, causing repeated adjournments and prolonged incarceration. “What stares glaringly from the record is a clear pattern of neglect and indifference… despite repeated judicial orders,” the court observed. “Such conduct… reflects complacency which cannot be condoned.”In a scathing remark, the high court said absenteeism of prosecution witnesses in NDPS cases was “no longer an aberration but has become the norm.” It cautioned the state against claiming seriousness in fighting drug crime while simultaneously sabotaging prosecution by failing to present witnesses.Bail right if trial delayedThe high court has emphasised that undertrial detention must not become punishment and the right to speedy trial under Article 21 must be safeguarded.Referring to Supreme Court rulings, including Dataram Singh vs State of Uttar Pradesh, the high court reiterated, “Bail is the rule and jail is the exception.” In a recent order granting bail in a drugs case, the Bench observed: “When trials are unduly delayed, granting bail is not just an option but a right.” It held that continued incarceration during a stagnant trial amounts to unlawful punitive detention.The Supreme Court in Satender Kumar Antil vs CBI similarly warned that overcrowded jails full of undertrials reflect a colonial mindset treating arrests as routine. In multiple bail orders, the Bench cited Balwinder Singh vs State of Punjab, reaffirming, “An accused has a right to a fair trial… an inordinate delay would infringe the right under Article 21 of the Constitution.”PULSA steps in to help prisonersAmid this crisis, the Punjab State Legal Services Authority (PULSA) has launched “Mission Mode Punjab” to assist unrepresented prisoners. Of 460 identified cases, PULSA has filed criminal appeals in 406 for convicts lacking legal aid.“This is not a one-time exercise,” said Justice Deepak Sibal, executive chairman of PULSA. “The process is continuous so that legal aid reaches prisoners who have long suffered in silence.”PULSA has also introduced videoconferencing, allowing inmates to communicate directly with legal aid lawyers in their high court matters. Additionally, the “Mission Parole Sahayata Abhiyan” helps eligible inmates apply for parole or challenge denials. Legal Aid Clinics inside jails identify such cases and assist with applications.Need for urgent reformLegal experts warn that unless police begin appearing in court and trials speed up, overcrowding will persist. The high court has already directed the Punjab DGP to enforce strict discipline, monitor police appearances and file regular compliance reports.“The menace of drug trafficking is undoubtedly a serious issue,” the high court said. “But the responsibility rests squarely with the state. The state cannot demonstrate complete laxity in prosecuting NDPS cases and, on the other hand, strenuously oppose bail… when the delay is solely due to its own failings.”As Punjab’s jails remain filled with undertrials, the high court’s words, quoting Oscar Wilde’s The Ballad of Reading Gaol, remain hauntingly relevant: “All that we know who be in jail, Is that the wall is strong; And that each day is like a year, A year whose days are long.”Experts say the court’s invocation of both constitutional principle and literary insight underscores the human cost of a justice system where “each day is like a year” for undertrials. The challenge now, they assert, is not building more prisons but delivering justice swiftly so that those not yet found guilty do not spend years awaiting trial.
82% Punjab prisoners undertrials, most stuck as proceedings crawl
