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 court clarified the scope of Cr.P.C. Section 436A and emphasized that cases involving the offence for which punishment of death has been specified cannot be considered under Section 436A.

JUDGMENT :

VIPIN SANGHI, J.

1. These four writ petitions have been preferred in public interest, which deal with more or less the same subject matter. We, therefore, propose to dispose them of by this common order. The respective prayers made in these writ petitions are the following:

Prayer in W.P.(C) 4936/2021

“i. Issue a writ, order or direction in the nature of Mandamus, thereby, directing the Director General of Prisons to file a detailed affidavit apprising this Hon'ble Court regarding exact Number of Covid-19 positive cases in the three jails in Delhi as on date;

ii. Issue a writ, order or direction in the nature of Mandamus, for framing guidelines for release of prisoners on interim bail or special parole in view of the prevailing Covid-19 situation in the three jails in the capital;

iii. Issue a writ, order or direction in the nature of Mandamus, thereby, directing the Govt. of National Capital of Delhi to filed an affidavit to the effect that adequate RT-PCR testing infrastructure is available for conducting the test and that no citizen is being denied RT-PCR test in all Govt. and private recognized laboratories;

iv. Issue a writ, order or direction in the nature of Mandamus, thereby, directing the Govt. of National Capital of Delhi to provide test results to the patients who have undergone RTPCR test, immediately through Whatsapp and hard copies and not later than 24-hours without waiting for them to be uploaded on the ICMR's website;

v. To issue any other appropriate writ, order or direction which this Hon'b1e Court deems just and proper, in the facts and circumstances of the present matter.”(emphasis supplied)

Prayer in W.P.(C) 5153/2021

“(a) Issue appropriate writ, order and/or direction/s to respondent no. 1 & 2 for mandatory RT-PCR test of prisoners/inmates lodged in Jails of Delhi;

(b) Direct the respondent no. 1 & 2 to set up a non-covid medical facility with necessary medical equipment and medical staff for the treatment of non-covid jail patients;

(c) Issue appropriate directions for the de-congestion of Delhi Prisons in light of submissions made in the present petition;

(d) Issue or pass any writ, direction or order, which this Hon’ble court may deem fit and proper under the facts and circumstances of the case.” (emphasis supplied)

Prayer in W.P.(C) 5033/2021

“A. To immediately release all the under trials and convicted prisoners on interim bail/parole with maximum imprisonment upto 7 years and fine (i.e. non – heinous crime) in Tihar Jail, Mandoli Jail and Rohini Jail

B. To direct the police to not arrest the accused persons not involved in violent crimes without the order of the court.

C. Temporarily release prisoners previously released and those who have surrendered on the basis of good conduct (under trials as well as convicted) in Tihar Jail, Mandoli Jail and Rohini Jail convicted of heinous crime with more than seven years of imprisonment.

D. Release prisoners who are suffering from some or the ailment in Tihar Jail, Mandoli Jail and Rohini Jail;

E. Segregate and provide proper facility and arrangement for examination and treatment of prisoners

F. Direct the interim released of prisoners having critical medical condition.

G. Pass any other order(s) which this court may deem fit and proper in the interest of justice and the general public of the NCT of Delhi.” (emphasis supplied)

Prayer in W.P.(CRL) 7/2021

“a) Issue an appropriate writ, order and/or direction in the nature of „Mandamus? thereby directing the release of those under trial prisoners who are facing trial under and have spent half of their maximum sentence in lower offences;

b) Issue an appropriate writ, order and/or direction in the nature of „Mandamus? thereby directing the Undertrial Review Committee and Jail Superintendent to verify the undertrial prisoners facing trial under multiple charges but have undergone sentence in lesser charge to be put in the category of prisoners to be released on bail;

c) Issue an appropriate writ, order and/or direction in the n