JUDGMENT

The petitioners are convicted prisoners undergoing sentences at various prisons in the State, presently on parole. They are aggrieved by the orders issued by the Government requiring them to report back. The short facts, necessary for adjudication of the issue involved, are as follows:

In the wake of Covid 19 pandemic and its spread within prisons, the Honourable Supreme Court initiated suo motu proceedings as WPC No.1 of 2020 (in re:Contagion of Covid 19 Virus in Prisons). After calling for responses from the States and Union Territories regarding the measures taken for protection of health and welfare of the prisoners, the Apex Court issued specific directions for ensuring that the spread of coronavirus within prisons is controlled. The relevant portion of the direction is extracted hereunder:-

“We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (1) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought a