SC asks states, UTs to consider release of prisoners to decongest jails

The Supreme Court Monday directed all states and Union Territories to constitute high-level committees to consider releasing on parole or interim bail prisoners and undertrials for offences entailing up to 7-year jail term to decongest prisons in the wake of coronavirus pandemic.

The top court said overcrowding of prisons is a matter ofserious concern, particularly in the present context of coronavirus (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 said. A bench of ChiefJustice S A Bobde and Justices L N Rao and Surya Kant said the state or UTcould consider the release of prisoners who have been convicted or areundertrial for offences for which prescribed punishment is up to 7 years orless, with or without fine and the prisoner has been convicted for a lessernumber of years than the maximum.

“We direct that each State/Union Territory shallconstitute a High Powered Committee comprising of (i) Chairman of the StateLegal Services Committee, (ii) the Principal Secretary (Home/Prison) bywhatever designation is known as, (ii) Director General of Prison(s), todetermine which class of prisoners can be released on parole or an interim bailfor such period as may be thought appropriate,” it said.

The top court said it would be open for the High PoweredCommittee to determine the category of prisoners who should be releaseddepending upon the nature of offence, the number of years to which he or shehas been sentenced or the severity of the offence with which he/she is chargedwith and is facing trial or any other relevant factor, which the Committee mayconsider appropriate.

It also directed that the Undertrial Review Committee set upby the court in another matter, shall meet every week and take such decision inconsultation with the concerned authority.

It said that the High Powered Committee shall take intoaccount the directions contained its 2014 verdict of Arnesh Kumar versus Stateof Bihar. It asked the states and UTs who have not filed their responses to doso within three weeks from today and listed the matter after three weeks.

It directed that there should not be any delay in shiftingsick person to a Nodal Medical Institution in case of any possibility ofinfection is seen and prison specific readiness and response plans must bedeveloped in consultation with medical experts.

It said that ‘Interim guidance on Scaling-up COVID-19Outbreak in Readiness and Response Operations in camps and camp like settings’– jointly developed by the International Federation of Red Cross and RedCrescent (IFRC), International Organisation for Migration (IOM), United NationsHigh Commissioner for Refugees (UNHCR) and World Health Organisation (WHO),published by Inter-Agency Standing Committee of United Nations on March 17,2020 — may be taken into consideration for similar circumstances.

“A monitoring team must be set up at the state level toensure that the directives issued with regard to prison and remand homes arebeing complied with scrupulously,” it said.

The top court added that looking into the possible threat oftransmission and fatal consequences, it is necessary that prisons must ensuremaximum possible distancing among the prisoners including under trials.

The top court also noted the steps taken by various statesand UTs including shifting of over 11,000 prisoners to less congested prisonsin Jharkhand.

“An overview of the responses reflects thatconsiderable measures for protection of health and welfare of the prisoners torestrict the transmission of COVID-19 have been taken by the StateGovernments,” the bench said.

It said these measures generally include creation ofisolation wards, quarantine of new prisoners including prisoners of foreignnationality for a specific period, preliminary examination of prisoners forCOVID-19, ensuring availability of medical assistance, entry points scanning ofstaff and other service providers, sanitisation and cleanliness exercise ofprison campus and wards, supply of masks etc.

It said that significant measures have been taken by Bihar, Karnataka, Maharashtra, Uttar Pradesh, Tripura, Jharkhand, Goa, Kerala, Telangana and UTs of Jammu & Kashmir and Chandigarh who have advised the prison authorities that visitors may be allowed to interact with prisoners only through video calling or telephonic call.

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