Anadi Tewari
In light of the immediate concern of the raging COVID-19 pandemic, the Supreme Court has ordered the High Powered Committee (HPCs) constituted by the State Governments/Union Territories to immediately release all the prisoners who were released last year in consonance with the order of the Supreme Court (dated: 23rd March 2020).
The special bench of Chief Justice NV Ramana, Justices L. Nageswara Rao and Surya Kant was hearing a suo-motu case and has passed a slew of directions with respect to the de-congestion of prisons.
The Top Court has also ordered the HPCs to consider fresh releases of the prisoners as well by adopting the guidelines followed by them last year as well as the Standard Operating Procedure laid down by the National Legal Services Authority (NALSA).
“States which have not constituted the High Powered Committee last year are directed to do so immediately,” the special bench stated.
Limiting the authorities from arresting
The top court has directed the authorities not to make any arrests in contravention to the judgment of this Court in Arnesh Kumar v. the State of Bihar, (2014) 8 SCC 273 which has drawn out the scenario that arrests should be an exception case where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.
“This Court, being the sentinel on the qui vive of the fundamental rights, needs to strictly control and limit the authorities from arresting accused in contravention of guidelines laid down by this Court in Arnesh Kumar v. State of Bihar (supra) during the pandemic,” the top court stated in the order.
HPCs should consider fresh release of prisoners at the earliest by following all appropriate guidelines
The Court ordered that the High Powered Committees constituted by the State Governments/Union Territories shall consider the release of prisoners by adopting the guidelines followed by them last year, at the earliest.
HPCs should release all the prisoners who were released last year pursuant to the March 2020 order of the Supreme Court
The Court after noting that there is an immediate concern of the raging pandemic in prisons further directs the HPCs, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier pursuant to our order 23rd March 2020, by imposing appropriate conditions.
Parole of 90 days
The Court has directed that 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.
Prison Occupancy and decisions of HPCs to be properly updated on respective SLSAs websites
The Court has directed the State authorities to correspond to the working in the national capital of Delhi, wherein the prison occupancy is updated on websites. The Court has asked the states to consider the model of Delhi and adopt it as a good practice.
Furthermore, the Court has also ordered that all the decisions of the HPCs need to be published on respective State Legal Service Authorities/State Governments/High Courts websites in order to enable effective dissemination of information.
Case: In Re: Contagion of COVID-19 Virus in Prisons [Suo Motu Writ Petition(C) No. 1/2020]