A three-judge bench headed by Chief Justice A S Anand, while hearing a public interest litigation espousing the cause of undertrials, said of the total jail population of 2,57,000 prisoners around 73 per cent constituting over 1,82,000 were undertrial prisoners, many of whom were booked for petty offences.

``Counsel for States and Union Territories undertake to advice their clients to take effective steps to file chargesheets or reports in six weeks in cases which are related to petty offences and for which undertrials are languishing in jails,'' the court observed.

``There must be instances where migrant labourers are languishing in jail for want of sureties for carrying a quarter bottle ofalcohol in areas where prohibition is in force,'' the Chief Justice said expressing grave concern and stressed the need of an urgent move to dispose of these cases.

Amicus curiae (advocate appointed by court to assist) in the matter Ranjit Kumar pointed out that the states should create more courts to lessen the burden of pending criminal cases and added in Uttar Pradesh alone over 1,73,000 sessions cases were pending trial.

The court observed delay in trial, makes a first time petty offender learn the tricks of crime during his stay in the jail and as a result he turns into a hardened criminal adding to the crime rate.

Justice Anand said a suggestion had been made to the chief justices of the high courts as to whether the Chief Judicial Magistrate could hold trial of the petty offences in the jails after the police files the chargesheets.

He said if this happened 30 per cent of the cases would be over but the police has to file the report first.

The Chief Justice said Bihar has shown tremendousamount of work in this regard and almost 25 to 30 per cent of the cases have been disposed of.

Amicus curiae Ranjit Kumar said the states have to show willingness to establish more courts but most of them say there were financial constraints.

Justice Anand said the total expenditure on judiciary is six per cent of the budgetary allocations of which the judiciary itself contributes 5.5 per cent.

``The financial autonomy for judiciary should come by way of realisation on the part of states and not by way of passing judicial orders,'' the Chief Justice observed.