A convict, suffering from a serious mental illness, has been directed to be released from jail for 45 days by the Delhi High Court which observed he would be more vulnerable to infection in prison during the COVID-19 pandemic as he would not be able to take precautions and maintain the required hygiene.
The court, which was informed that the convict is not in a position to find his way back home, asked the jail superintendent to call his sister when the man is scheduled to be released and she will take him home safely.
Justice Anup Jairam Bhambhani, who conducted the hearing through video conferencing, suspended the man's sentence for 45 days saying it would be in the interest of the health and safety, not only of this convict, but also other jail inmates if he is released to decongest an overcrowded prison and thereby to prevent unwarranted exposure.
The man was serving seven years imprisonment in a criminal case and as per the nominal roll provided to the court by the jail authorities, he has undergone over nine months of the sentence awarded to him and his conduct in jail is stated to be satisfactory.
The man's counsel sought suspension of sentence on the ground that he was undergoing treatment at the jail dispensary and Institute of Human Behaviour and Allied Sciences (IHBAS) for mental illness, schizophrenia, which requires regular medication and follow up at the hospital.
Schizophrenia is a disorder that affects a person's ability to think, feel and behave clearly and the affected one interprets reality abnormally.
The advocate said that in his medical condition, nothing would be more beneficial than the company and care of the man's family since no one in prison can give him the required attention, especially in the present times of a public health emergency.
The judge, while granting the relief to the man, directed him not to leave Delhi without prior permission of the court and he shall also make a video call to the investigating officer every Saturday to mark his presence.
The court also directed him to 'drop-a-pin' on Google Maps, so that the investigating officer of the concerned SHO can verify his presence and location.
The submissions made on behalf of the appellant (man) are somewhat sweeping in that the appellant may not be entitled to suspension of sentence merely because of his mental illness and need for family company, since that condition may obtain for a long time and also appears to be under control through medication and follow-up.
However, it does appear that since the appellant suffers from a serious mental illness, he would be more vulnerable to disease in prison during the prevalent pandemic since he may not be able to take precautions and maintain the hygiene required for prevention, the court said.
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