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SUPREME COURT OF INDIA
N.V. RAMANA, CJI., L. NAGESWARA RAO, SURYA KANT, JJ.
IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS - Petitioner(s)
Suo Motu Writ Petition(C) No.1 of 2020
Decided On : 07-05-2021
Covid-19 pandemic – Effect on prisoners – Prevention and medical facilities Healthcare system in prisons – Welfare of inmates in prisons and juveniles lodged in remand homes – Risk of virus spreading in prisons and recommend release of prisoners on interim bail/parole based upon the situation in the concerned State – Determining the class of prisoners who can be released on parole or on interim bail for appropriate periods – Directions issued
Facts of the Case:
World Health Organisation declared Covid-19 as a pandemic -107 persons were tested positive for Covid-19 in country - Anticipating the spread of Covid-19 virus in overcrowded prisons, notices were issued to all the Chief Secretaries, Administrators, Home Secretaries, Director Generals of Prisons and Departments of Social Welfare of all the States and Union Territories seeking their response regarding immediate measures to be adopted for the welfare of inmates in prisons and juveniles lodged in remand homes – Inmates who were granted parole, pursuant to our earlier orders, should be again granted a parole for a period of 90 days in order to tide over the pandemic.
Finding of the Court:
High Powered Committees to determine the category of prisoners who should be released depending upon the nature of offence, the number of years to which he/she has been sentenced, the severity of offences which he/she is charged with and the stage of trial or any other relevant factor which the Committee thinks appropriate
High-Powered Committees constituted by the State Governments/Union Territories shall consider release of prisoners by adopting the guidelines (such as inter alia, SOP laid down by NALSA) followed by them last year, at the earliest. Such of those States which have not constituted High Powered Committees last year are directed to do so immediately. Commissioner of Police Delhi shall also be a member of the High-Powered Committee, Delhi.
High-Powered Committee, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier pursuant to order 23.03.2020, by imposing appropriate conditions
Result: Directions issued
ORDER
I.A. Nos.55273 & 55276 of 2021 in I.A. No. 48231 of 2020 in Suo Motu Writ Petition (C) No.1 of 2020:
.
1. Application of impleadment is allowed. The applicant who was already permitted to intervene in the Suo Motu Writ Petition filed the above I.A.s seeking the following reliefs:
ii. Pass an order directing the State Legal Service Authorities to strictly adhere to the Standard Operating Procedures of National Legal Service Authorities on the functioning of the Undertrial Review Committees as adopted vide order dated 04.12.2018 in WP(C) 406 of 2013 in ReInhuman Conditions in 1382 Prisons by this Hon'ble Court.
iii. Pass an order directing the High Powered Committees/ High Courts to identify and release the vulnerable categories of prisoners on an urgent basis.
iv. Pass an order directing the High Powered Committees / State Legal Services Authorities to periodically monitor the prisonwise occupancy rates in their respective States, and give a report of the same to this Hon'ble Court of the prison occupancy as on 31st March, 2021, and the prospective increase in occupancy rate on a monthly basis, in the format as annexed in Annexure A9.
v. Pass an order directing the DG Prisons to publish the prisonwise occupancy rates of UTPs/ Convicts/Detenues on their website monthly.
vi. Pass an order directing the High Powered Committees / monitoring teams to prioritise healthcare in prisons and scrutinise the prisonspecific readiness and response plans as directed by this Hon'ble Court vide its order dated 23.03.2020 in the present case.
vii. Pass an order directing the State Governments/ Union Territories to undertake a vaccination drive in the prisons across their respective States/ Union Territories.
viii. Pass any other order or further directions as this Court may deem fit or proper in the circumstances of the case.
2. On 11.03.2020, the World Health Organisation declared Covid-19 as a pandemic. On 16.03.2020, 107 persons were tested positive for Covid-19 in our country. Anticipating the spread of Covid-19 virus in overcrowded prisons, notices were issued to all the Chief Secretaries, Administrators, Home Secretaries, Director Generals of Prisons and Departments of Social Welfare of all the States and Union Territories seeking their response regarding immediate measures to be adopted for the welfare of inmates in prisons and juveniles lodged in remand homes.
3. On 23.03.2020, this Court directed the State Governments, Union Territories to constitute High Powered Committees to determine the class of prisoners who can be released on parole or on interim bail for appropriate periods. It was left open to the High Powered Committees to determine the category of prisoners who should be released depending upon the nature of offence, the number of years to which he/she has been sentenced, the severity of offences which he/she is charged with and the stage of trial or any other relevant factor which the Committee thinks appropriate. The High-Powered Committees were directed to take into account the directions contained in para no.11 of the judgment of this Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The High-Powered Committees were constituted in all the States, except a few. On the basis of recommendations made by the High-Powered Committees, a large number of prisoners were released either on interim bail or on parole.
4. Due to the reduction of the number of active cases, the released prisoners were directed to report back to prisons. We are informed that almost 90% of the prisoners who have been released last year have returned to prisons in February and March, 2021.
5. An unprecedented surge in Covid-19 during the last few weeks has resul
The main legal point established in the judgment is the need to relax the criteria for granting parole and temporary bail to reduce the prison population and prevent the spread of COVID-19 among pris....
The main legal point established in the judgment is the need to relax the criteria for parole and temporary bail to effectively reduce overcrowding in prisons and protect prisoners from the COVID-19 ....
Corona Pandemic – Non-consideration of pre-mature release of prisoners by Apex Court in its order dated 07.05.2021 shall not deter competent authorities to consider pre-mature release of prisoners in....
The main legal point established in the judgment is the extension of interim orders and the authorization of bail applications through e-mail and video-conferencing due to the lockdown restrictions.
Point of Law- Criminal assault - Grant of temporary bail of 90 days - Unlawful assembly - Bail petition of others accused got rejected - Temporary bail granted to look after his family, the prayer fo....
The court ruled that the High Powered Review Committee's recommendations regarding prisoner release and Covid-19 protocols are sufficient, emphasizing strict application of Section 436A with exclusio....
The main legal point established is that the state is responsible for providing medical treatment to prisoners, especially when referral hospitals are dedicated Covid-19 facilities. Additionally, the....
The court has the authority to extend interim orders under Article 226 & 227 of the Constitution of India, but may modify such orders based on changed circumstances.
The High Court will refrain from proceeding with cases already addressed by the Supreme Court to maintain judicial efficiency and consistency in legal remedies.
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