'Some Prisoners Might Not Be Willing To Be Released Due To Their Social Background': SC
- U.Jayakrishnan
- May 8, 2021
- 2 min read
By: U.Jayakrishnan( An Advocate practising in High court of Kerala.)
Mr. Colin Gonsalves, learned Senior Counsel appearing for the Applicant submitted that the High Powered Committees which have been constituted pursuant to the orders passed by the supreme court on 25.03.2020 should be directed to release all those prisoners who have been released last year on regular bail. Such of those inmates who have been granted parole last year should be granted 90 days parole by this Court. He requested that all orders of the HighPowered Committees shall be put on the website of the Governments. Mr Gonsalves argued that the standard Operating Procedure (SOP) formulated by the NationalLegal Services Authority for the release of prisoners should be taken into account by the HighPowered Committees.
The learned Attorney General submitted that prisons need to be decongested by the release of some prisoners in view of the grim situation. He submitted that the HighPowered Committees may be permitted to adopt the procedure that was followed earlier and release the prisoners on the basis of the guidelines formulated by them last year. The learned Attorney General requested for relaxation of handcuffing of the prisoners assuring the present outbreak of Covid19 there great danger is a greatdanger of the spread of the virus to the police personnel who have to hold the hands of the accused while being escorted. The learned Solicitor General of India and Ms. Aishwarya Bhati Mslearned Additional Solicitor General also supported the learned Attorney General. A further request was made on behalf of the Union of India that the Commissioner of Police, Delhi made a member of the High Powered Committee to be constituted by the Delhi Government.
The Court held that :
"Overcrowding of prisons is a phenomenon, plaguing several countries including India. Some prisoners might not be willing to be released in view of their social background and the fear of becoming victims of the deadly virus. In such extraordinary cases, the authorities are directed to be considerate to the concerns of the inmates. The authorities are directed to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The spread of Covid19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail staff and immediate treatment should be made available to the inmates and the staff. It is necessary to maintain levels of daily hygiene and sanitation required to be improved. Suitable precautions shallbe taken to prevent the transmission of the deadly virusamongst the inmates of prisons. Appropriate steps shall betaken for transportation of the released inmates of theprisons, if necessary, in view of the curfews and lockdown insome States."
Read the entire Judgement here:
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