New Delhi: The Supreme Court on Friday, July 16, said that prisoners, who have been released from jails to avoid overcrowding in the wake of a surge in COVID-19 cases across the country, should not be asked to surrender until further orders, LiveLaw.in has reported.
A three-judge bench, comprising Chief Justice N.V. Ramana, Justice Nageswara Rao and Justice A.S. Bopanna, which has been hearing the suo moto case for de-congestion of jails, instructed state governments to submit a report detailing the criteria they had followed in releasing the prisoners by July 23.
On May 7, taking note of the unprecedented surge in COVID-19 cases, the Supreme Court told state governments to immediately release prisoners who had been granted bail or parole last year, and constituted high-powered committees (HPCs) state-wise to oversee the process of de-congesting jails. Calling it a matter concerning “health and right to life of” prisoners and police personnel, the apex court had allowed for the decongestion of prisons housing around 4 lakh inmates, which could potentially turn into COVID-19 hotspots.
In its Friday’s order, the three-judge bench observed that since uniform criteria were not followed across the states and union territories in releasing prisoners, it asked state governments to explain factors, like age, comorbidities, which they had followed while granting parole. The states should also explain if prisoners whose appeals were pending in higher courts were also considered for release by HPCs, the bench added.
Also read: COVID-19 in Prisons: SC Intervention Must Ensure the Centre Exercises Its Responsibility
In addition, the court instructed the secretary of the National Legal Services Authority to collect the details from the states. The matter will be next heard on August 3.
The court order comes after amicus curiae in matter senior advocate Dushyant Dave told the court that there has been no information on how states have implemented the May 7 order, which directed them to release prisoners to stop the spread of COVID-19. Dave also requested the court to restrict the states from asking prisoners to surrender in the wake of an expected third wave.
Last year, during the first wave of the COVID-19 pandemic, the Supreme Court had directed the constitution of HPCs in all states to consider the release of convicts and under-trials in less heinous offences on interim bail or parole so as to decongest prisons. As per the court’s direction, HPCs are to be comprised of the chairman of the state legal services committee, principal secretary (home/prison), and director-general of prisons.
While the number of COVID-19 cases falling around November-December last year, many HPCs are known to have cancelled interim bail of prisoners and asked them to surrender.
