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The plea stated that for the persons who are incarcerated in a case that is punishable with a jail term of less than 3 years and are first-time offenders, their incarceration may not be necessary if the probation report is be considered to release them on bail.
The Delhi High Court on Monday refused to hear a plea raising the issue of overcrowding and unnecessary imprisonment in Tihar Jail.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the petitioner to move a better petition.
The plea filed by Nyaya Foundation through Advocate Shrikant Prasad highlighted the issue of overcrowding and unnecessary imprisonment in Tihar Jail of prisoners who have been arrested for minor offences punishable by less than 3 years.
The plea alleged that the arrest of the accused persons is being made without strict compliance with section 41(1)(b) of the Code of Criminal Procedure, 1973. It submitted that none of the cases mentions the necessity of arrest which opens floodgates for unnecessary arrest and mental torture of accused persons.
The plea sought direction for the implementation of the Probation of Offenders Act, of 1958 which provides for the release of offenders on probation. The petitioner stated that for the persons who are incarcerated in any case which is punishable with lesser than 3 years jail term and are first-time offenders, their incarceration may not be necessary if the probation report will be considered to release them on bail.
The plea submitted that the very purpose of putting an accused behind bars is to resort to the reformation of the detainee so that he may be reinstated in society with good behavior and conduct.
As per the plea, the number of inmates in Tihar Jail has exceeded the actual capacity of each Barrack and it is on record that there is an increment of up to 500% in the total population of inmates in the Complex.
The petitioner relied on an RTI wherein the office of the Director General of Prisons stated, "Tihar which is one of the largest prison complexes in the world and comprising nine central prisons, can house 5,200 inmates, but 13,183 prisoners are currently lodged in its different central jails. The plea alleged that it amounts to a denial of Fundamental Right of the inmates as guaranteed under Article 21 of the Constitution of India.
Case Title: Nyaya Foundation Thr. Shrikant Prasad Vs. Union of India & Ors.
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