The Supreme Court in the case of IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS vide order dated 07.05.2021 observed that due to the immediate concern of the raging pandemic the issue of decongestion of prisons needs to address. It observed that India has more than four lakh prison Inmates and the prisons in India are overburdened and are housing inmates beyond optimal capacity and the requirement of decongestion is a matter concerning the health and right to life of both the prison inmates and the police personnel working. The court issued the following directions for the decongestions of the Jails:
Arrests shall be strictly made in accordance with the directions issued by the Supreme Court in the Case of the Arnesh Kumar vs. State of Bihar. The police shall assign reasons for arresting the accused for offences where the maximum punishment prescribed is less than seven years.
- The High-Powered Committees constituted by the State Governments/Union Territories shall consider release of prisoners by adopting the guidelines (such as inter alia, SOP laid down by NALSA) followed by the last year, at the earliest.
- The High-Powered Committee, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier pursuant to our order 23.03.2020, by imposing appropriate conditions.
- Those inmates who were granted parole, pursuant to our earlier orders, should be again granted parole for a period of 90 days in order to tide over the pandemic.
- All the decisions of High-powered Committees need to be published on respective State Legal Service Authorities/State Governments/High Courts websites in order to enable effective dissemination of information.
The Supreme Court further directed that the authorities are directed to ensure that proper medical facilities are provided to all prisoners who are imprisoned. Appropriate steps shall be taken for transportation of the released inmates of the prisons in view of the curfews and lock down in some States.
