ORDER :

(Sandeep K. Shinde, J.)

1. This petition under Article 226 of the Constitution of India impugns, (i) decision of the High Powered Committee, taken at its meeting on 23.06.2022, not to extend the period of Petitioners' release on parole, (ii) orders all dated 24.06.2022 directing the Petitioners to surrender to custody on 04.07.2022 with all legal effects and consequences and (iii) to direct the Respondents to extend the period of Petitioners' release on parole in terms of order dated 16.07.2022 of the Hon'ble Supreme Court in Suo Motu Writ Petition (C) No.1/2020.

2. Pursuant to order dated 23.03.2020 of the Hon'ble Supreme Court of India, passed in Suo Motu Writ Petition (Civil) No.1/2020 in reference contagion of Covid-19 virus in prisons, the High Powered Committee constituted vide order dated 09.01.2019, convened meetings from time to time. Pursuant to decisions taken in these meetings, the convict prisoners were released from the Central Jail. Whereafter, during the 6th meeting held on 20.10.2020, the High Powered Committee took a decision to call back all the convict prisoners who were out on Covid Parole in two phases.

3. Due to rise in Covid-19 cases in the Country in the year 2021, the Hon'ble Supreme Court of India, by its order dated 07.05.2021, directed the High Powered Committee constituted in various States to release all its inmates who had been released earlier pursuant to order dated 23.03.2020. Accordingly, the High Powered Committee in its meeting held on 10.05.2021, granted parole to 65 convict prisoners on the ground of Covid-19 pandemic which also included new prisoners who were eligible for release. The minutes of the meeting of the High Powered Committee placed before us, show that committee met on 24/05/2021, 11/06/2021, 04/08/2021, 25/08/2021, 04/10/2021 and 25/10/2021 to decide on extension of Covid Parole granted to convict prisoners from time to time.

4. Mr. Faldessai, learned Additional Public Prosecutor, on instructions, submitted that in Central Prisons, no active Covid-19 cases were reported amongst the inmates or staff. Besides, most of the inmates and staff members have been administered first dose of vaccination and several have also been administered the second dose and therefore, committee's decision, not extending the parole period calls for no interference.

5. In any case, in interlocutory application nos.80311, 80314 and 80316 of 2022 moved by the convict prisoners in Suo Motu Writ Petition (Civil) No.01 of 2020 and SLP (Crl.) No.5507- 5508/2022 and 5516/2022, the Apex Court has passed the following order:-

“The Interlocutory Applications as well as Special Leave Petitions are dismissed. Pending application(s) including I.A. No.82937/2022-Intervention Application shall stand disposed of.

However, 15 days time is granted to the applicants/petitioners/prisoners to surrender before the prison authorities.”

6. In Dolfy vs. State of Kerala and Anr., W.P. (Civil) No.1067/21, and connected writ petitions, the Hon'ble Supreme Court made the following order:-

“Pursuant to the order passed by this Court, High Powered Committee recommended release of those convicts who were sentenced to imprisonment for less than 10 years on parole. Taking into account, the prevalent situation created due to the spread of Covid- 19 in the State of Kerala, the Government took a decision to grant parole to even those prisoners who were convicted and sentenced to imprisonment for a period of more than 10 years.

These writ petitions have been filed by those convicts who were released pursuant to the decision of the State Government on the ground that such prisoners who have been released should continue to remain on parole for the reason that the number of cases due to Covid-19 were still high in the State of Kerala.

On 28.09.2021, notice was issued in Writ Petition (Civil) No.1067/2021 and on 29.09.2021, prisoners were permitted to continue on parole.

Near normalcy has returned in the country and daily activiti