Acting on orders of the Supreme Court regarding decongestion of prisoners in view of COVID-19 pandemic, the Delhi High Court on Thursday gave a green signal to the High Power Committee (HPC) decision and also modified bail orders of under-trial prisoners.
The court while giving its nod for HPC decision stated that "this has been done in pursuance whereto the under-trial prisoners, who have not been released on bail owing to failure to satisfy the condition of a furnishing surety bond and have granted the bail without the condition of furnishing surety bond."
The order instead allows such under-trial prisoners to be released on the furnishing of the personal bond to the satisfaction of Superintendent of Jail.
The Division Bench of Justice Rajiv Sahay Endlaw and Justice Manoj Kumar Ohri said: "We are confident that the DG, Prisons, would be in a position to collate all the said orders and cases with the assistance of Member Secretary, DSLSA, and Principal Secretary, Home, GNCTD, who are also requested to do the needful for compliance of this order. We also grant liberty to all concerned to approach this Court for further clarification if any required or in case of difficulty if any countenanced in the implementation of this order."
Earlier, the High Power Committee chairperson had cautioned DG, Prisons, and Principal Secretary, Home, that any delay in the release of the eligible convicts on "emergency parole" so as to complete the exercise of decongestion of jail, will make the entire effort futile.
In a meeting held through video conferencing recently, the jail authorities in the national capital had told the High Powered Committee that staff and other persons working in jails are taking necessary precautions and are adhering to social distancing.
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Sandeep Goel, Director General, Prisons, Delhi, informed the High Powered Committee headed by its chairperson Justice Hima Kohli Judge, High Court of Delhi And Executive Chairperson, Delhi State Legal Services Authority (DSLSA) that the bathing area, kitchen area, and jail telephone area are being cleaned and sanitised on regular basis.
He further informed that inmates are being apprised about the necessary precautions, i.e., do's and don'ts through the "public address system" installed in jails.
Goel informed the chair that the measures like isolation wards, quarantine of new prisoners as well as a preliminary examination of the prisoners for COVID-19 are being regularly followed as per the resolution adopted in the last meeting. DG, Prisons, informed the chair that on average, 25-30 fresh inmates are being sent to jail these days.
DG, Prisons, further informed that a separate ward in Jail Number 2 at Tihar and in Jail Number 13 at Mandoli has been carved out for the fresh male inmates above 21 years of age.
He informed that all such fresh inmates shall be kept only in these two wards of Jail Number 2 and 13 at Tihar and Mandoli respectively. Whereas, for fresh women inmates, separate isolation wards have been created in Jail Number 6 while fresh male inmates between the age of 18 to 21 years would be kept at Jail number 5, Tihar. This is done in order to make sure that the fresh inmates do not intermingle with those already inside.
DG, Prisons, has further informed that in terms of the resolutions adopted in the previous meeting, out of the in-house manufacturing of soap cakes, liquid soaps, phenyl, masks, and sanitisers, adequate number of these materials have been sent to JJBs/observation homes, as per the requirement received from them, besides the same being put to use in all the jails.
DG, Prisons, has assured that the jail administration shall continue following these precautions and resolutions so as to prevent the outbreak of COVID-19 in the jail premises.
The Committee is satisfied with the steps being taken by DG, Prisons, and directed him to continue doing the same.
As per DG, Prisons, the number of such convicts eligible for "emergency parole" was about 1,500. However, as per the report submitted, only 650 convicts have been released so far.
DG, Prisons, as well as Principal Secretary, Home, has assured the chair that they shall expedite the process of grant of "emergency parole" to the eligible convicts.
The committee is further informed that "interim bail" has already been granted in approximately 823 cases and it is expected that in a day or two, 100 more under trial prisoners would be granted "interim bail" on the basis of applications filed/pending for consideration, before the concerned Courts.
The committee has been apprised that on the basis of criteria adopted vide meeting dated March 28, the jail population has come down from 17,552 as on March 25 to 16,179 as on April 7. On complete implementation of the other relaxation criteria, it would further come down to about 15,500.
It is further informed to the chair that on the basis of criterion adopted hereinabove today for the release of UTPs/remand prisoners on "interim bail", the same would further come down to 14,500 in a week's time.
The committee has been informed that the Juvenile Justice Committee of the High Court of Delhi is taking appropriate steps to implement the directions of the Supreme Court.
However, Member Secretary, DSLSA, has been directed by the Committee to gather the information with respect to steps taken by JJBs and CWCs towards the implementation of directions passed by the Supreme Court of India.
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