M. R. SHAH, C. T. RAVIKUMAR
In Re: Contagion of Covid-19 Virus in Prisons And Director General (Prisons) – Appellant
Versus
. – Respondent
JUDGMENT :
M. R. Shah, J.
1. Present application has been preferred by the Director General (Prisons), New Delhi seeking appropriate directions from this Court for surrender of prisoners/inmates who had been released on Emergency Parole or interim bail pursuant to the recommendations of the High-Powered Committee, in compliance with the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.
2. Ms. Aishwarya Bhati, learned ASG appearing on behalf of the applicant has submitted that this Court in Suo Moto Writ Petition No.01/2020 to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons passed an Order dated 23.03.2020 directing each State/Union Territory to constitute the High-Powered Committee to determine the class of prisoners who could be released on Parole or on interim bail on such conditions, as may be determined by the High-Powered Committee.
2.1 It is submitted that in compliance with the order dated 23.03.2020 passed by this Court a High-Powered Committee was constituted in Delhi to determine the category of prisoners i.e. convicts and under-trial prisoner
Covid-19 pandemic – Effect on prisoners – Directions issued for Prevention and medical facilities Healthcare system in prisons and measures to be taken for Welfare of inmates in prisons and juveniles....
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 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.
Failure to surrender after emergency parole indicates an intention to jump the parole, justifying the legality of the punishment notice. Future parole and furlough applications should be considered o....
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 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.
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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