2020 Supreme(SC) 797

SUPREME COURT OF INDIA
S.A. BOBDE, CJI., L. NAGESWARA RAO, SURYA KANT, JJ.
IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS
SUO MOTU WRIT PETITION (C) NO.1 Of 2020, (WITH IA No. 46086 OF 2020 – FOR INTERVENTION OF IMPLEADMENT AND IA No.46091 OF 2020 – FOR PERMISSION TO APPEAR AND ARGUE IN PERSON) WITH W.P.(C) No. 450 OF 2020 (PIL-W), (FOR ADMISSION), W.P.(C) No. 445 OF 2020 (PIL-W), (FOR ADMISSION and IA No.46113 OF 2020-PERMISSION TO FILE LENGTHY LIST
OF DATES), W.P.(C) No. 466 OF 2020 (PIL-W), (FOR ADMISSION and IA No.48124 OF 2020-EX-PARTE AD-INTERIM RELIEF)
Decided on : 23-03-2020

IMPORTANT POINT
Corona Pandemic – Issue of overcrowding of prisons is a matter of serious concern particularly in present context of pandemic of Corona Virus (COVID – 19). Having regard to provisions of Article 21 of Constitution of India, it has become imperative to ensure that spread of Corona Virus within prisons is controlled.

Headnote:

Corona Pandemic – Protection of Persons detained in Prisons and Remand Homes – Issue of overcrowding of prisons is a matter of serious concern particularly in present context of pandemic of Corona Virus (COVID – 19) – Having regard to provisions of Article 21 of Constitution of India, it has become imperative to ensure that spread of Corona Virus within prisons is controlled – Considerable measures for protection of health and welfare of prisoners to restrict transmission of COVID-19 have been taken by State Governments – These measures generally include creation of isolation wards, quarantine of new prisoners including prisoners of foreign nationality for a specific period, preliminary examination of prisoners for COVID-19, ensuring availability of medical assistance, entry points scanning of staff and other service providers, sanitisation and cleanliness exercise of prison campus and wards, supply of masks, barring or limiting of personal visit of visitors to prisoners, suspension of cultural and other group activities, awareness and training with regard to stoppage of transmission of COVID-19 and court hearings through video conferencing among others – Many States have also initiated process of installing digital thermometers for the purpose of examination of prisoners, staff and visitors – Some of States have taken similar measures for Remand Homes as well – In other significant measures States of Bihar, Karnataka, Maharashtra, Uttar Pradesh, Tripura, Jharkhand, Goa, Kerala, Telangana and UTs of Jammu & Kashmir and Chandigarh have advised prison authorities that visitors may be allowed to interact with prisoners only through video calling or telephonic call – States of Goa, Kerala, Telangana, Karnataka and Haryana have adopted screening of prisoners returning from parole to prevent possible transmission – State of Uttar Pradesh has constituted 'COVID-19 Special Task Force' in all 71 prisons comprising of Superintendent, Jailor, Circle Officer/Deputy Jailor, Medical Officer and One member of para-medical staff to monitor prevention of transmission of infection – Rajasthan and Jharkhand have taken measures to decongest prison by transferring prisoners from congested prisons to other prisons where number of prisoners is low – State of Punjab has directed to identify places in and around prison which can be used as a temporary prison in case if there is outbreak of virus – State of Haryana has directed prisons to prepare blockwise time table relating to food and other services for prevention of overcrowding – Andhra Pradesh, Uttarakhand, Punjab and Maharashtra and UT of Ladakh have identified special groups of prisoners which are more vulnerable such as old age prisoners with respiratory diseases etc. to infections for special focus and scrutiny – Taking into consideration possibility of outside transmission, physical presence of all undertrial prisoners before Courts must be stopped forthwith and recourse to video conferencing must be taken for all purposes – Also, transfer of prisoners from one prison to another for routine reasons must not be resorted except for decongestion to ensure social distancing and medical assistance to an ill prisoner – There should not be any delay in shifting sick person to a Nodal Medical Institution in case of any possibility of infection is seen – Prison specific readiness and response plans must be developed in consultation with medical experts – A monitoring team must be set up at State level to ensure that directives issued with regard to prison and remand homes are being complied with scrupulously – Directions issued. (Paras 3 to 16)

Facts of the case:

By an order dated 16.03.2020, this Court had issued notice to all the States and Union Territories, to show cause why directions should not be issued for dealing with the present health crisis arising out of Corona virus (COVID-19) with regard to Prisons and Remand Homes. Several States and UTs have filed their responses detailing measures and initiatives taken while dealing with Corona virus (COVID-19) in respect of persons detained in Prisons and Remand Homes. States of Gujarat, Manipur, Meghalaya, Odisha and UTs of Dadar & Nagar Haveli, Daman & Diu, National Capital Territory of Delhi and Puducherry have not filed their responses. The State of Andhra Pradesh, Punjab, Tamil Nadu, Madhya Pradesh, Kerala, Himachal Pradesh and UT of Jammu & Kashmir, though have filed their responses with regard to the measures taken for prisons but have not submitted their response in relation to measures taken for juveniles in Remand Homes.

Findings of Court:

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, number of years to which he or she has been sentenced or 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.

Result : Directions issued. Matter listed for next hearing.