The Bombay High Court has
directed the Maharashtra government to expedite the process of releasing prisoners and undertrials identified as qualified to be freed on temporary bail or parole in view of the COVID-19 pandemic.
Justice G S Kulkarni was on Thursday informed by public prosecutor Deepak Thakare that pursuant to a Supreme Court order, the state government has decided to temporarily release prisoners convicted for up to seven years and undertrials facing offences for which jail term is up to seven years.
Approximately 11,000 prisoners were to be released on emergency parole for a period of 45 days, the court was informed.
Thakare told the court that so far 4,060 prisoners have been released on parole/temporary bail and process is on to release the remaining inmates.
He told the court that at present there is not a single case of COVID-19 in any prison in the state.
The state government shall expedite steps which are being taken (to release prisoners), so that the orders of the Supreme Court, are implemented in letter and spirit, Justice Kulkarni said.
The high court had taken suo moto cognizance of a letter written by advocate S B Talekar raising the issue of prisoners/undertrials lodged in prisons across the state not being released despite directions from the Supreme Court amid the COVID-19 pandemic.
On March 23, the Supreme Court, in a suo moto (on its own) petition, directed for a high-powered committee to be set up to determine which class of prisoners can be released on parole or interim bail to reduce crowding in jails in view of the pandemic.
The apex court had said the parameters for release of inmates would be nature of the offence, sentence awarded to the convict and severity of the offence.
The panel decided that prisoners or undertrials booked in special acts like the Maharashtra Control of Organised Crime Act (MCOCA), the Prevention of Money Laundering Act (PMLA), the Maharashtra Protection of Interest of Depositors (MPID) Act, the Narcotics, Drugs and Psychotropic Substances Act and the Unlawful Activities Prevention Act (UAPA) shall not be released on temporary bail or parole.
The high-powered committee issued impugned decision with a blanket disqualification against the persons prosecuted for offences under special acts (other than IPC) like MCOCA, PMLA, MPID, NDPS and UAPA on the ground that there are higher restrictions on grant of bail in these Acts, Talekar argued.
With regard to the alleged discrimination being meted out to the prisoners under the decision of the high-powered Committee, it would be appropriate that the said committee considers the representations made by the advocate (Talekar) as early as possible and decide the same, the court said.
The court has posted the matter for further hearing on April 30.
Disclaimer: No Business Standard Journalist was involved in creation of this content
