MOHAMMAD RAFIQ, ATUL SREEDHARAN
IN REFERENCE (SUO MOTU) – Appellant
Versus
STATE OF M. P. – Respondent
ORDER/JUDGMENT MOHAMMAD RAFIQ, C. J. : – Mr. Sankalp Kochar, Advocate appeared as Amicus Curiae.
Mr. Pushpendra Yadav, Additional Advocate General for the respondent-State along with Mr. Arvind Kumar,
Director General of Prisons and Mr. Sanjay Pandey, Deputy Inspector General of Jails.
Mrs. Giribala Singh, Member Secretary, M. P. State Legal Services Authority, Jabalpur.
Proceedings in this suo motu writ petition were initiated on 7-5-2021 in view of unprecedented situation faced by the country following second wave of Coronavirus (COVID-19). The Coronavirus has engulfed the whole of the Madhya Pradesh and has spread across the width and length of the entire State. No segment of the society has remained untouched. Though not very alarming but reports about prisoners, both under-trial and convicted, being found infected with Coronavirus, keep surfacing at regular intervals here and there. Considering that all the Jails in the State are presently housing prisoners almost double the number of their capacity, need of the hour is to immediately decongest them. Urgency of the situati
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 ....
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 extension of interim orders and the authorization of bail applications through e-mail and video-conferencing due to the lockdown restrictions.
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....
(1) Once a person has chosen to approach High Court praying for grant of anticipatory bail, by operation of law, his opportunity to approach Sessions Court gets extinguished.(2) Right to life guarant....
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....
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Authorities must conduct comprehensive evaluations of parole applications, considering all relevant factors, especially where favorable reports exist.
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