1. Application for interim bail/parole to prevent prison overcrowding during a pandemic and release of detenues declared foreigners under the Foreigners Act, 1946. (Para 2 , 11 )
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2020 Supreme(SC) 303
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
Sharad Arvind BOBDE, CJI., L. Nageswara Rao, Mohan M. Shantanagoudar, JJ.
IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS
Suo Motu Writ Petition (Civil) No. 1 of 2020 (I.A No.48215 of 2020 - For Application For Permission; I.A No.48216 of 2020 - For Clarification/Direction; I.A No.48261 of 2020 - For Appropriate Orders/Directions; I.A No.48260 of 2020 - For Appropriate Orders/Directions; I.A No. 48234 of 2020 - For Appropriate Orders/ Directions; I.A No.48232 of 2020 - For Appropriate Orders/Directions; I.A No.48233 of 2020 - For Intervention Application; I.A No.48231 of 2020 - For Intervention Application; I.A No.48263 of 2020 - For Intervention/ Impleadment; I.A No. 48270 of 2020 - For Modification; and, I.A No.48217 of 2020 - For Modification of Court Order)
Decided on : 13-04-2020
Advocates Appeared:
For the Parties:K.K. Venugopal, AG, Tushar Mehta, S.G., B.V. Balaram Das, Dushyant Dave, (A.C.) Salman Khurshid, Srishti Agnihotri, Colin Gonsalves, Harmeet Singh Ruprah, Sanjay Jain, Advocate (Not Present), Shuvodeep Roy, Milind Kumar, Uttara Babbar, Vinay Arora, M. Shoeb Alam, Talha Abdul Rahman, Sachin Patil, Abhimanyu Tewari, Keshav Mohan, Santosh Kumar - I, Shibashish Misra, Tapesh Kumar Singh, Garima Prashad, G. Indira, Raj Bahadur Yadav, Monika Gusain, Advocate, M/s. PLR Chambers & Co., G. Prakash, Astha Sharma, Nikhil Goel, Mukti Chowdhary, Narendra Kumar, M/s. Venkat Palwai Law Associates, V. N. Raghupathy, M. Yogesh Kanna, G. N. Reddy, Vinod Sharma, Sumeer Sodhi, K. Enatoli Sema, Advocates
For the Parties:K.K. Venugopal, AG, Tushar Mehta, S.G., B.V. Balaram Das, Dushyant Dave, (A.C.) Salman Khurshid, Srishti Agnihotri, Colin Gonsalves, Harmeet Singh Ruprah, Sanjay Jain, Advocate (Not Present), Shuvodeep Roy, Milind Kumar, Uttara Babbar, Vinay Arora, M. Shoeb Alam, Talha Abdul Rahman, Sachin Patil, Abhimanyu Tewari, Keshav Mohan, Santosh Kumar - I, Shibashish Misra, Tapesh Kumar Singh, Garima Prashad, G. Indira, Raj Bahadur Yadav, Monika Gusain, Advocate, M/s. PLR Chambers & Co., G. Prakash, Astha Sharma, Nikhil Goel, Mukti Chowdhary, Narendra Kumar, M/s. Venkat Palwai Law Associates, V. N. Raghupathy, M. Yogesh Kanna, G. N. Reddy, Vinod Sharma, Sumeer Sodhi, K. Enatoli Sema, Advocates
IMPORTANT POINT
Corona Pandemic – No prisoner shall be released if he/she has suffered from coronavirus disease in communicable form.
Headnote:
Corona Pandemic – Direction to States/Union Territories to constitute High Powered Committees which could decide which prisoners may be released on interim bail or parole during pandemic (COVID 19) – Purpose was to prevent overcrowding of prisons so that in case of outbreak of coronavirus in prisons, spread of disease is manageable – State of Bihar has not found it appropriate to release prisoners for complete absence of any patient suffering from coronavirus within prisons and also for reason that prisons are not overcrowded – Moreover, even in one case murder of a prisoner who was accused of suffering from coronavirus has been reported – Apex Court has not directed States/ Union Territories to compulsorily release prisoners from their respective prisons – Purpose of order was to ensure States/Union Territories to assess situation in their prisons having regard to outbreak of present pandemic in country and release certain prisoners and for that purpose to determine category of prisoners to be released – Such order is intended to be implemented fully in letter and spirits – No prisoner shall be released if he/she has suffered from coronavirus disease in communicable form hereafter – For this purpose, appropriate tests will be carried out – If it is found that a prisoner who has been released is suffering from coronavirus after release, necessary steps will be taken by concerned authority by placing him/her in appropriate quarantine facility – Transportation shall be done in full compliance of Rules and Norms of social distancing.
Result : Directions issued.
Legal Category Hierarchy
Table of Contents
2. Concerns regarding COVID-19 transmission during prisoner release and the potential difficulty in tracing released foreigners. (Para 3 , 9 , 14 )
3. Pandemic conditions necessitate health-based criteria for prisoner release and a reconsideration of detention periods for foreigners to prevent overcrowding. (Para 4 , 14 )
4. Public health emergencies justify the modification of detention periods for foreigners and the imposition of health protocols for prisoner release. (Para 14 , 15 )
5. Directions issued for COVID-compliant prisoner release and reduction of detention period for declared foreigners from three to two years with reduced bond requirements. (Para 10 , 15 )
6. What health protocols must be followed for the release of prisoners during a pandemic?
No prisoner with communicable coronavirus shall be released; post-release infections require quarantine, and transportation must comply with social distancing norms. (Para 10 )
7. Which detention facilities are covered under the pandemic-related release directions?
The directions are applicable to prisons, correctional homes, detention centres, and protection homes. (Para 10 )
8. What is the revised criteria for the release of detenues declared as foreigners during the pandemic?
The detention period required for release is reduced from three to two years, with the bond amount reduced to five thousand rupees with two Indian citizen sureties. (Para 15 )
ORDER
1. We have heard Mr. Dushyant Dave, learned Amicus Curiae, Mr. K.K. Venugopal, learned Attorney General for India, Mr. Tushar Mehta,learned Solicitor General and learned counsel for other parties.
I.A. No.48260 of 2020
2. By order dated 23.03.2020, we directed the States/Union Territories to constitute High Powered Committees which could decide which prisoners may be released on interim bail or parole during the pandemic (COVID 19). The purpose was to prevent the overcrowding of prisons so that in case of an outbreak of coronavirus in the prisons, the spread of the disease is manageable. The operative part of our order reads as follows:
"We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary(Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may bethought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.
It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."
3. We are informed that the State of Bihar has not found it appropriate to release the prisoners for complete absence of any patient suffering from coronavirus within the prisons and also for the reason that the prisons are not overcrowded. Moreover, even in one case the murder of a prisoner who was "accused" of suffering from coronavirus has been reported.
4. We make it clear that we have not directed the States/ Union Territories to compulsorily release the prisoners from their respective prisons. The purpose of our aforesaid order was to ensure the States/Union Territories to assess the situation in their prisons having regard to the outbreak of the present pandemic in the country and release certain prisoners and for that purpose to determine the category of prisoners to be released.
5. We make it clear that the aforesaid order is intended to be implemented fully in letter and spirits.
6. The instant application stands disposed of.
I.A. No. 48231 of 2020, I.A. 48232 of 2020, I.A. No. 48233 of 2020, I.A. No .48234 of 2020, I.A. No. 48270 of 2020 and I.A. No. 48217 of 2020
Applications for intervention are allowed.
7. As matter stands today, this Court has permitted the release of the prisoners after due recommendations from the High Powered Committee constituted by each State/Union Territory. Secondly, there is a direction to permit transportation of prisoners who have been released to make the release effective.
8. Learned Attorney General submits that pursuant to this Court's orders dated 23.03.2020 and 07.04.2020, certain prisoners have been released on the recommendation of the High Powered Committees except in the States of Delhi and Goa. Insofar as State of Bihar is concerned, no prisoner has been released as the State Government is of the opinion that their jails are not overcrowded and no prisoner is suffering from coronavirus (COVID- 19).
9. Mr. K.K. Venugopal, learned Attorney General for India vehemently submits that the release and transportation of the prisoners would itself result in transmission of coronavirus from prisons or detention centres to locations where the released prisoners have to reach.
10. We have considered the rival submissions and we are of the view that in the circumstances, it would be app
