The Supreme Court Tuesday directed all sates and Union Territories to ensure through Director Generals of Police (DGPs) that prisoners released from jails get safe transit, so that they can reach their homes amid the coronavirus lockdown.
The top court said the prisoners be given the option ofstaying in temporary shelter homes during the period of lockdown.
A bench of Chief Justice S A Bobde and Justice L NageswaraRao issued the directions in the matter taken up suo moto (on its own) on theconditions of prisons during coronavirus pandemic.
Senior advocate Dushyant Dave, appointed amicus curiae bythe top court, said the prisoners who have been released according to theguidelines framed by the High-Powered Committees in various states are strandedbecause they have no means to reach their homes.
Attorney General K K Venugopal said it is very unjust thatthe prisoners who are released have been left stranded in absence of anytransportation.
“In these circumstances, we consider it appropriate todirect that Union of India shall ensure that all the prisoners having beenreleased by the States/Union Territories are not left stranded and they areprovided transportation to reach their homes or given the option to stay intemporary shelter homes for the period of lockdown,” the bench said.
It added that for this purpose, the Centre may issueappropriate directions under the Disaster Management Act, 2005 or any other lawfor the time being in force.
“We further direct that the States/Union Territories shall ensurethrough Directors General of Police to provide safe transit to the prisonerswho have been released so that they may reach their homes. They shall also begiven an option for staying in temporary shelter homes during the period oflockdown. Ordered accordingly,” the bench said.
The top court had on March 23, directed all states and UTsto constitute high-level committees to consider releasing on parole or interimbail prisoners and undertrials for offences entailing up to 7-year jail term todecongest prisons in the wake of coronavirus.
It said overcrowding of prisons is a matter of seriousconcern, particularly in the present context of COVID–19.
In regard to the provisions of Article 21 of theConstitution of India, it has become imperative to ensure that the spread ofcoronavirus within the prisons is controlled, the court had said.