Compliance with the directions of the higher court is essential, and the formulation of a High Powered Committee for the release of prisoners during the COVID-19 pandemic is in accordance with the Code of Criminal Procedure, 1973 and the Disaster Management Act, 2005.

JUDGMENT

(Prayer: Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, directing the respondents immediately to formulate a High Powered Committee to determine which class of prisoners can be released on parole or on interim bail for such period as may be thought appropriate.)

N. Kirubakaran, J.

1. This Writ Petition has been filed seeking Writ of Certiorarified Mandamus to formulate a High Powered Committee to determine which class of prisoners can be released on parole or on interim bail for such period.

2. Heard Mr.R.Vivekananthan, learned counsel appearing for the petitioner who would submit that the Hon’ble Supreme Court by virtue of order dated 23.03.2020 directed to constitute a High Powered Committee to determine which class of prisoners can be released on parole or on interim bail for such period. However, the State has not formulated any such Committee and therefore, the present Writ Petition has been filed.

3. Mr.P.H.Aravind Pandian learned Additional Advocate General would dispute the contentions of the learned counsel for the petitioner and would submit that the State has acted upon the directions of the Honourable Supreme Court and formulated a Committee consisting of (i) The Executive Chairman of the Tamil Nadu State Legal Services Authority, (ii) The Additional Chief Secretary (Home, P & E), Chennai - 9 and (iii) The Director General of Police/IG of Prisons, Chennai - 8. The said Committee met under the Chairmanship of Hon’ble Dr. Justice VINEET KOTHARI, Judge of High Court of Madras on 26.03.2020 and after review of various measures taken by the Government and the Prison Department for the prevention of Pandemic COVID-19, about 7 recommendations have been made which are extracted as follows:

“(i) To consider relaxing the procedure prescribed in Tamil Nadu Suspension of sentence Rules, 1982 in respect of sanction of ordinary leave for more than a month, including other requirements while sanctioning leave for 30 days for the convict prisoners.

(ii) Leave of prisoners who are already out of prison on ordinary, emergency and leave granted by the Court may be extended upto 30.04.2020.

(iii) Prison Department should ensure that the safety of prisoners who are released on leave/bail to reach their destination safely in view of the 144 prohibition orders due to COVID-19.

(iv) To shift the under trial prisoners from Central Prison-II, Puzhal to Central Prison-I, depending on the need for decongestion.

(v) The 3 Principal District Judges of Chennai, Tiruvallur and Kancheepuram are requested to visit the Central Prison-II, Puzhal to assess the possibilities for grant of bail to the above prisoners to further decongest in the Central Prison-II, Puzhal.

(vi) As a measure of precaution food may also be provided to the inmates inside the dormitories.

(vii) Prisoners of foreign nationals who have a travel history to the affected countries should be admitted into the prisons only after through screening adhering to the COVID-19 parameters.”

4. It is further submitted that as per the directions of the Hon’ble Supreme Court, based on the instruction of the Hon’ble High Court of Madras, around 4182 prisoners who were involved in various offences were released by Principal District Judges on Bail till 06.04.2020 by involving the Under-trial Review Committee and Tamil Nadu State Legal Services Authority. It is further stated that no other case was found eligible to be released on Bail under Section 436 A of Code of Criminal Procedure, 1973 in Tamil Nadu Prisons.

5. Heard the parties and perused the records.

6. The Hon’ble Supreme Court by order dated 23.03.2020 has issued direction to constitute High Powered Committee. The relevant paragraphs are extracted hereunder:

“We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is kn