Read Time: 04 minutes

The Supreme Court has directed all the High-Powered Committees constituted by State Governments/Union Territories to consider the release of prisoners at the earliest, by adopting guidelines followed by them last year. States which have not constituted the High-Powered Committees have been directed to do so immediately.

The bench comprising Chief Justice NV Ramana, Justices L Nageswara Rao and Surya Kant passed the above order while hearing a suo motu case on decongestion of Prisons due to Covid 19.

The bench noted that India has more than four lakh prison inmates and the requirement of decongestion is a matter concerning health and right of life of both the prison inmates and the police personnel working. The bench thus issued a slew of directions having regard to the fact that there is a requirement for effective management of pandemic from within the prison walls so as to defeat the deadly Covid 19.

As a first measure the bench has directed all the state governments to strictly control and limit the authorities from arresting accused in contravention of guidelines laid down by the Supreme Court in Arnesh Kumar vs State of Bihar.

Secondly the Court has directed the High-Powered Committees to consider forthwith release all the inmates who had been released earlier pursuant to the order of the Supreme Court on 23.03.2020 by imposing appropriate conditions in order to save valuable time.

 Thirdly, the Court has granted parole of 90 days to all the inmates who were earlier granted parole pursuant to the orders of the Court to tide over the pandemic.

The Court has further directed all the States to consider the measure adopted by the Delhi government of updating prison occupancy on its website. Further, all the decisions of High-Powered Committees have been directed to be published on respective State Legal Services Authorities/State Governments/High Courts in order to enable effective dissemination of information.

In regard to those prisoners who might not be willing to be released in view of their social background and the fear of becoming victims of the deadly virus, the authorities have been directed to be considerate and ensure proper medical facilities are provided to such prisoners.