The High Court has mandated the adoption of biometric verification, utilizing Aadhaar card authentication, for witnesses across all courts within its jurisdiction, encompassing Haryana, Punjab, and Chandigarh. This directive seeks to curb the widespread misuse of bail procedures facilitated by counterfeit witnesses, an issue that has persisted in these regions.
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Chandigarh: To combat the misuse of bail processes in Punjab, Haryana, and Chandigarh, the High Court has mandated the implementation of biometric verification for witnesses using Aadhaar card authentication in all courts within its jurisdiction. This directive is aimed at eliminating the prevalent issue of bail fraud facilitated by fake witnesses.
The decision comes in response to numerous cases brought before the Punjab and Haryana High Court, revealing the abuse of bail provisions by professional guarantors. These individuals exploit the extended duration of criminal trials, presenting fraudulent witnesses to manipulate the judicial process. Recognizing the gravity of this issue, the High Court has called for a robust and foolproof system to authenticate the identities of individuals involved in bail proceedings.
To ensure the effective execution of this new system, the High Court has instructed the administrations of Haryana, Punjab, and Chandigarh to collaborate with the National Informatics Centre (NIC). The directive specifies that these administrations must submit a comprehensive proposal to the Ministry of Electronics and Information Technology (MeitY) within 30 days.
The Ministry will then have an additional 30 days to review and approve the proposal. Following this approval, the required infrastructure must be installed in the courts within the next 30 days, culminating in a total timeline of four months for full implementation.
The High Court’s directive emphasizes the necessity of creating a seamless and efficient biometric verification system. The use of Aadhaar card authentication is expected to significantly reduce the incidence of fraudulent bail applications by ensuring that only genuine witnesses can participate in bail proceedings.
Once the biometric verification system is in place, it will also help lessen the courts’ reliance on bail in cases where the potential sentence is under seven years, provided it is not deemed necessary. This measure aims to streamline judicial processes and ensure that the justice system operates more efficiently and effectively.
Furthermore, the system will enable continuous review and updating of guarantors’ data. To maintain the integrity of this process, District Judges or Chief Judicial Magistrates will conduct a quarterly review of the register of guarantors. This periodic review is crucial to ensuring compliance and assessing the effectiveness of the biometric verification system.
The High Court’s initiative to introduce biometric checks in courts is a significant step towards eradicating bail fraud in Punjab, Haryana, and Chandigarh. By leveraging Aadhaar card authentication, the court aims to create a more secure and reliable judicial process, thereby upholding the principles of justice and fairness.
This comprehensive approach not only addresses the immediate problem of fake witnesses but also sets a precedent for other states to follow. The successful implementation of this system could serve as a model for judicial reforms across the country, ensuring that the integrity of the legal process is maintained and that justice is served without prejudice.
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