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 pandemic.

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, Madhya Pradesh 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 situation therefore demands passing of appropriate order towards that end.

2. The matter was heard at some length through Video Conferencing. On 7-5-2021, when this suo motu writ petition was registered, but before the detailed order was signed, it was brought to the notice of the Court that the Supreme Court has also taken note of the ongoing situation of Coronavirus in the country and has passed an order on that very day. This matter was therefore ordered to be listed again today.

3. Mr. Sankalp Kochar, learned Amicus Curiae submitted that in the present scenario when the country flounders and is gasping for air in debacle unfurled by the second wave of COVID-19, the state of Madhya Pradesh is amongst those States which are bearing the brunt of it the most. He argued that the capacity of jails in the State of Madhya Pradesh as on 28-2-2021 is 28,675, as against which 49,471 prisoners are lodged therein. Even after releasing 3,700 prisoners on parole, number of prisoners in different jails of the State as on 7-5-2021 is 45,582. Learned Amicus Curiae contended that judiciary being the custodian of liberty of citizens, is duty bound to ensure that those who are in the prison under its authority, are also insulated against the perceptible threat posed by COVID-19 and its ramifications. In his submission, the criteria earlier laid down by the High Powered Committee earlier need to be relaxed further to effectively reduce the overcrowding in the prisons of the State. We cannot agree more with him.

4. The World Health Organization (WHO) in its report titled “Preparedness, Prevention and control of COVID-19 in prisons and other places of detention” with its guidelines dated 8-2-2021 noted that this category of persons are more vulnerable to Coronavirus disease (COVID-19) than the general population because of the confined conditions in which they live together for prolonged periods of time. The Supreme Court in its order dated 16-3-2020, passed in Re: Contagion of Covid-19 Virus in Prisons Suo Moto Writ Petition (Civil) No. 1/2020 acknowledged “a high risk of transmission of COVID-19 to prison inmates”, with prisoners, prison staff, families of prisoners and lawyers entering and leaving jails frequently, and called upon the State Governments and the Union Territories to submit replies on steps being taken by them to prevent the spread of the pandemic among prisoners and juveniles. The Supreme Court in its comprehensive order dated 23-3-2020, suggested that prisoners convicted of or charged with offences involving jail terms of seven years or less could be considered for release on parole or interim bail. The Supreme Court further observed that the State/Union Territory could consider the release of prisoners, who have been convicted or are under-trial fo