Digital Verification of Bail Sureties Needed Urgently to Prevent Prisoners’ Delayed Release: Plea in SC

The Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice in the petition, returnable on September 15.

"Let the National Legal Services Authority (NALSA) through Member Secretary be impleaded as respondent no. 5 and notice be also issued to newly added respondent," the Bench said.

The petitioner has moved the Apex Court through AoR Shweta Garg and Advocate Wills Mathews.

The petitioner, who had flown to Delhi in January 2025 en route to Kochi for his annual vacation and knee surgery, was arrested on January 16, 2025, at the domestic terminal. Police claimed he was carrying a “deer horn” from Italy, valued at just €20, and booked him under Sections 39, 49, and 51 of the Wild Life (Protection) Act, 1972.

He alleges that there was no proper translator and that he was not even informed of the offence at the time of arrest. According to his petition, he was produced before the magistrate after nearly 24 hours of detention and denied bail on the ground that the Wildlife Act was a “special law,” despite the maximum punishment being less than seven years.

Bail was eventually granted on January 22, 2025, on conditions including two sureties of Rs. 50,000 each and a bar on foreign travel. But because sureties had to travel from Kerala and undergo police verification, the petitioner was released from Tihar Jail only on January 29, 2025; a full eight days after bail was granted.

He describes the 14 days spent in Tihar Jail as a violation of his basic human rights: overcrowded cells (200 inmates in a space meant for 20), lack of proper food, and denial of basic hygiene. He further alleges that jail staff forced him to clean toilets on his knees, despite his serious medical condition.

The petitioner’s ordeal did not end with release. He was unable to return to Italy to rejoin his employment caring for senior citizens over 100 years old, missing his scheduled duty on February 14, 2025. His passport remains restricted by bail conditions, his career prospects have dimmed, and his family’s reputation has been stained by a false allegation.

He argues that these hardships are compounded by delays in case listing. His writ petition for quashing the FIR and modifying bail conditions has repeatedly gone unheard in the Delhi High Court because of the “no time left” remark, underscoring the scarcity of what he calls the “most precious commodity in a rule-of-law country; judicial time.”

In March 2025, the Wildlife Institute of India confirmed that the seized horn was from a reindeer, which does not fall under Schedule I of the Wildlife Act. Despite this exculpatory report, his petitions continue to face delays, revealing the gap between scientific evidence and judicial outcomes.

The petitioner’s prayer is not limited to his own case. He has urged the Court to order systemic reforms, particularly in the execution and verification of bail sureties:

-Digital verification using Aadhaar and secure online platforms, eliminating the need for sureties to physically travel long distances.

-Integration of police and court databases to allow instant verification of surety credentials.

-Automated jail release orders once surety is validated, ensuring bail orders translate into immediate freedom.

Such measures, he argues, are essential in today’s digital era, where Indian courts boast e-filing and paperless operations but still rely on outdated manual processes that prolong incarceration.

The petition raises broader questions: should the Supreme Court’s ruling in Satender Antil v. CBI (2022); easing bail norms for offences with less than seven years’ punishment; extend to special statutes like the Wildlife Act? And more fundamentally, can a justice system that fails to promptly execute bail orders uphold the promise of dignity and liberty under the Constitution?

The Kerala NRI’s case highlights how outdated bail verification procedures and judicial delays can devastate lives. Even in an era of hi-tech courts, citizens continue to languish in jails for days or weeks after being granted bail. His petition now calls for what many see as overdue: digital verification of bail sureties to ensure that liberty, once granted, is not denied by procedural inefficiency.