No objection if dates of surrender of prisoners released by HPC’s are extended amid Covid19: Union Government tells Supreme Court
Supreme Court today stated that the prisoners who have already been released on account of Covid19 by order of High Powered Committees (with view to decongest prisons) shall not be sent back to prison till the next date of hearing.
Solicitor General Tushar Mehta told Court that he had no objection if the date of release were to extended either.
Senior Advocate Dushyant Dave (appointed Amicus) informed Court that a uniform set of guidelines is important to effectuate release.
CJI NV Ramana agreed. He stated that the legal services authorities will be directed to file the basis on which they have granted release in light of an earlier order of May 8, 2021.
This case pertains to Supreme Court‘s Suo Moti action in order to decongest prisons amid Covid 19.
Top Court had 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 had not constituted the High-Powered Committees had been directed to do so immediately.
The bench comprising Chief Justice NV Ramana, Justices L Nageswara Rao and Surya Kant are hearing thr case.
As a gist of the background, bench had earlier also 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 had 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 had 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 had 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 had 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.
in Re Contagion of CoVID Virus In Prisons