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DELHI HIGH COURT
VIPIN SANGHI, JASMEET SINGH
R.K. Gossain – Appellant
Versus
Government of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. public interest petitions filed. (Para 1) |
| 2. substantive prayers in petitions consolidated. (Para 2 , 3) |
| 3. prisoner health concerns addressed. (Para 4 , 5) |
| 4. directions for medical examination. (Para 6) |
| 5. review committee's responsibilities. (Para 7 , 8) |
| 6. interpretation of section 436a cr.p.c. (Para 9 , 10 , 11) |
| 7. limitations of under trial review committee. (Para 12 , 13) |
| 8. petitions disposed. (Para 14) |
JUDGMENT
Vipin Sanghi, J. (Oral)--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 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 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 – Now when COVID-19 situation has now been normalized, all those undertrials/convicts who have been released on Emergency Parole/Interim Bail pursuant to recommendation of High-Powere....
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....
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
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.
A convict is not entitled to remission while undergoing sentence in default of payment of fine.
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.
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