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In Re: Contagion Of Covid-19 Virus In Prisons v. Director General (prisons)

In Re: Contagion Of Covid-19 Virus In Prisons v. Director General (prisons)

(Supreme Court Of India)

I.A NO.179931 OF 2022 IN SUO MOTO WRIT PETITION (C) NO.01/2020 | 24-03-2023

M. R. Shah, J.

1. Present application has been preferred by the Director General (Prisons), New Delhi seeking appropriate directions from this Court for surrender of prisoners/inmates who had been released on Emergency Parole or interim bail pursuant to the recommendations of the High-Powered Committee, in compliance with the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.

2. Ms. Aishwarya Bhati, learned ASG appearing on behalf of the applicant has submitted that this Court in Suo Moto Writ Petition No.01/2020 to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons passed an Order dated 23.03.2020 directing each State/Union Territory to constitute the High-Powered Committee to determine the class of prisoners who could be released on Parole or on interim bail on such conditions, as may be determined by the High-Powered Committee.

2.1 It is submitted that in compliance with the order dated 23.03.2020 passed by this Court a High-Powered Committee was constituted in Delhi to determine the category of prisoners i.e. convicts and under-trial prisoners for being released on Emergency Parole and Interim Bail. It is submitted that in 1st phase in 2020, a total of 4683 (1184 convicts and 3499 under-trial) prisoners were released. It is submitted that thereafter looking to the unprecedented surge in COVID-19 cases during the second wave, this Court vide order dated 07.05.2021 directed the High-Powered Committee to grant parole of 90 days to all the inmates who had been released pursuant to the order dated 23.03.2020 subject to the imposition of appropriate conditions. It is submitted that in compliance of the order dated 07.05.2021 passed by this Court, the High-Powered Committee constituted for Delhi convened a meeting dated 11.05.2021 wherein the High-Powered Committee observed that the inmates who were released last year could be released forthwith in view of the ranging pandemic. It is submitted that pursuant to which a total of 3630 under trial prisoners and 751 convicts were released on interim bail or emergency parole till date in terms of the Orders passed by this Court. It is submitted that further thereafter on 16.07.2021 this Court observed that the prisoners who were already been released from jail in accordance with the above-mentioned orders should not be asked to surrender before the prison authorities till further orders. It is submitted that thereafter almost a year later, in June, 2022 this Court vide order dated 03.06.2022 in various I.As and SLPs had granted 15 days’ time to the prisoners/applicants/petitioners to surrender before the prison authorities.

2.2 It is submitted that thereafter pursuant to the order dated 03.06.2022 the applicants sent a letter dated 07.09.2022 to the Member Secretary, Delhi State Legal Service Authority, Patiala House Court, New Delhi seeking clarification regarding surrender of prisoners who were released on the recommendations of the HighPowered Committee. It is submitted that in reply the DSLSA has stated that no further directions however been issued by the authority with respect to similar matters pending in Delhi and therefore the authority cannot give any further clarification regarding the fate of undertrial prisoners/convicts released from the Delhi Prisons pursuant to the recommendations filed by the High-Powered Committee. It is submitted that therefore the present application has been preferred for appropriate directions.

2.3 Ms. Bhati, learned ASG has pointed out that out of total 751 convicts who were released on emergency parole, 71 convicts have surrendered voluntarily till date; similarly out of 3630 undertrial prisoners who were released on interim bail on the basis of criteria laid down by HighPowered Committee, 267 undertrials have surrendered in Jail with the order of Court. It is pointed out that in other words, the number of convicts who are still on emergency parole is 680 and number of undertrial who are still on interim bail is 3365.

2.4 It is submitted that all those undertrials/convicts were released on Emergency Parole/Interim Bail due to the raging COVID-19 situation and not on merits. It is submitted that as the things have now improved, they have to surrender before the concerned jail authorities. Reliance is placed on the order passed by this Court dated 03.06.2022 by which this Court while dismissing all the various IAs as well as SLPs granted 15 days’ time to the applicants/petitioners/prisoners to surrender before the prison authorities.

3. We have heard Ms. Bhati, learned ASG appearing on behalf of the applicant, Director General (Prisons), New Delhi. The present application has been preferred by the Director General (Prisons), New Delhi seeking appropriate directions for surrender of prisons/inmates who had been released on Emergency Parole or Interim Bail pursuant to the recommendation of the High-Powered Committee, in compliance with the orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.

3.1 It is not in dispute and cannot be disputed that all those undertrial prisoners/convicts were released on interim bail/emergency parole taking into consideration the overcrowding in the prisons and to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons. All those undertrial prisoners/convicts therefore were not released on merits but were released on the aforesaid ground alone. Therefore, now when the COVID-19 situation has now been normalized, all those prisoners/inmates/undertrial prisoners/convicts who are/were released on emergency parole/interim bail have to surrender before the concerned prison authorities. As such a similar order has been passed by this Court in the order dated 03.06.2022 while dismissing IAs No.80311, 80314 & 80316 of 2022 in Suo Moto Writ Petition (Civil) No.01/2020 and SLP (Crl.) Nos. 5507-5508 of 2022 and 5516 of 2022 by which while dismissing the IAs/SLPs this Court has granted further 15 days’ time to those applicants/petitioners/prisoners to surrender before the prison authorities.

3.2 At this stage it is required to be noted that so far as some other States are concerned, all those prisoners/inmates who were released on interim bail/emergency parole pursuant to the recommendation of the High-Powered Committee constituted in compliance with the orders passed by this Court passed in Suo Moto Writ Petition No.01/2020 have been recalled.

4. In view of the above, we allow the present application with an observation and direction that all those under trials/convicts who have been released on Emergency Parole/Interim Bail pursuant to the recommendation of the High-Powered Committee, in compliance of the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020 have to surrender before the concerned prison authorities within 15 days.

The present order be intimated to the concerned Accused/inmates by the concerned jail authorities that they have now to surrender within the period of 15 days. However, it is observed that thereafter after the concerned prisoners/inmates surrender before the concerned prison authorities it will be open for the concerned undertrials to pray for bail before the competent court and their applications be considered in accordance with law and on its own merits. Similarly, after the surrender by the concerned convicts who are released on Emergency Parole it will be open for them if so advised to pray for suspension of sentence before the concerned Court in their appeals which might have been pending which also may be considered in accordance with law and/or on merits.

With this the present application stands disposed of.

Advocate List

  • By Courts Motion, AOR Mr. Satya Mitra, AOR Ms. Taruna Ardhendumauli Prasad, AOR Mr. Shreekant Neelappa Terdal, AOR Mr. V. N. Raghupathy, AOR Mr. Manendra Pal Gupta, Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Krishnanand Pandeya, AOR Mr. Nirnimesh Dube, AOR Mr. Neeraj Shekhar, AOR Dr. Sumit Kumar, Adv. Mr. Ashutosh Thakur, Adv. Mr. Keshav Baheti, Adv. Mr. Chandra Pratap, Adv. Mr. M. Yogesh Kanna, AOR Mr. Avijit Mani Tripathi, AOR Mr. Anupam Raina, AOR Mr. Nishant Kumar, Adv. Mr. Irshad Ahmad, AOR Mr. G M Kawoosa, Adv. Mr. Shailesh Madiyal, AOR Ms. Palak Mittal, Adv. Mr. Vaibhav Sabharwal, Adv. Mr. Akshay Kumar, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Harmeet Singh Ruprah, AOR Mr. Shibashish Misra, AOR Mr. K. Rajeev, AOR Mr. Maibam Nabaghanashyam Singh, AOR Ms. Astha Sharma, AOR Ms. Supriya Juneja, AOR Mr. P. S. Sudheer, AOR Mr. Sandeep Singh, AOR Mr. Rakesh Kumar Singh, AOR Mr. Ashok Anand, Adv. Mr. Rajeev Ranjan, Adv. Mr. Bipin Bihari Singh, Adv. Mr. Rajan Kumar Singh, Adv. Mr. Mukul Dev Mishra, Adv. Ms. Mukti Chowdhary, AOR Mr. Kanhaiya Singhal, AOR Ms. Radhika Gautam, AOR Mrs. Taruna Singh Gohil, AOR Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Ms. Niti Richhariya, Adv. Mr. Kv Girish Chowdary, Adv. Mr. Rajeswari Mukherjee, Adv. M/S. Venkat Palwai Law Associates, AOR Ms. K. Enatoli Sema, AOR Ms. Limayinla Jamir, Adv. Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv. Mr. Rishi Malhotra, AOR Mr. Jaydip Pati, Adv. M/S. Lambat & Legiteam, AOR Mr. Milind Kumar, AOR Mr. Tapesh Kumar Singh, AOR Mr. Prashant Bhardwaj, Adv. Mr. Aditya Pratap Singh, Adv. Mr. Priyanshu Malik, Adv. Mr. Mahesh Thakur, AOR Mr. Gaurav Khanna, AOR Mr. Gurmeet Singh Makker, AOR Mr. S. C. Verma, Sr. Adv. Mr. Sumeer Sodhi, AOR Mr. Devashish Tiwari, Adv. Mr. Santosh Kumar - I, AOR M/S. Arputham Aruna And Co, AOR Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. Mr. Amrish Kumar, AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Vinay Arora, AOR Ms. Bansuri Swaraj, A.A.G. Dr. Monika Gusain, AOR Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mrs. Shashi Pathak, Adv. Mr. Manish Kumar, AOR Mr. Prashant Shrikant Kenjale, AOR Mr. M. Shoeb Alam, AOR Mr. G. Prakash, AOR Ms. Binu Tamta, AOR Mr. Aravindh S., AOR Mr. Aravindh.s, Adv. Ms. Uma Bhuvaneswari.c, Adv. Mr. Sameer Abhyankar, AOR Ms. Nishi Sangtani, Adv. Ms. Vani Vandana Chhetri, Adv. Applicant-in-person, AOR Mr. Nikhil Goel, AOR Mr. Sibo Sankar Mishra, AOR Mr. Debabrata Dash, Adv. Ms. Apoorva Sharma, Adv. Ms. Garima Prasad, Sr. A.A.G. Mr. Vishnu Shankar Jain, AOR Ms. Ranjeeta Rohatgi, AOR Mr. Sachin Patil, AOR Mr. Narendra Kumar, AOR Mr. Apoorv Kurup, AOR Mrinal Gopal Elker, AOR Mrs. Ankita Choudhary, D.A.G. Mr. Anoop Prakash Awasthi, AOR Mr. Abhimanyu Tewari, AOR Ms. Eliza Bar, Adv. Mr. Shuvodeep Roy, AOR Mr. Deepayan Dutta, Adv. Mr. Sai Shashank, Adv. Mr. S. Thananjayan, AOR Mr. Talha Abdul Rahman, AOR Mr. Malak Manish Bhatt, AOR Mr. Vinod Sharma, AOR M/S. Parekh & Co., AOR Mr. Gaurav Agrawal, AOR Mr. Vivek Narayan Sharma, AOR Mrs. Mahima Bhardwaj, Adv. Ms. Laksha Bhavnani, Adv. Mr. Shubham Awasthi, Adv. Mr. Pranshu Kausha, Adv. Mr. Rajeev Kumar Jha, Adv. Mr. Ram Kumar, Adv. Ms. Uttara Babbar, AOR Ms. Sneha Kalita, AOR Mr. Nirmal Kumar Ambastha, AOR Ms. Ashmita Bisarya, Adv. Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv. Ms. Vaidehi Rastogi, Adv. Ms. Sujata Kurdukar, AOR Mr. G. N. Reddy, AOR Mr. Prasanna S., AOR

Bench
  • HON'BLE MR. JUSTICE M.R. SHAH
  • HON'BLE MR. JUSTICE C.T. RAVIKUMAR
Eq Citations
  • NON-REPORTABLE
  • 2023/INSC/294
  • 2023 (2) JLJ 205
  • 2023 (5) SCALE 502
  • LQ/SC/2023/320
Head Note

Criminal Procedure Code, 1973 — Ss. 436(1) and 389 — Interim bail or emergency parole — Release of undertrials/convicts during COVID-19 pandemic — Surrender of undertrials/convicts — Direction to jail authorities to intimate concerned undertrials/convicts — Direction to undertrials/convicts to surrender within 15 days — Scope of — Held, all those undertrial prisoners/convicts were released on interim bail/emergency parole taking into consideration the overcrowding in the prisons and to prevent the spread of COVID-19 virus among prisoners in overcrowded prisons — All those undertrial prisoners/convicts therefore were not released on merits but were released on the aforesaid ground alone — Therefore now when the COVID-19 situation has now been normalized all those prisoners/inmates undertrial prisoners/convicts who were/are released on emergency parole/interim bail have to surrender before the concerned prison authorities — Further held, so far as some other States are concerned all those prisoners/inmates who were released on interim bail/emergency parole pursuant to the recommendation of the HighPowered Committee constituted in compliance with the orders passed by Supreme Court passed in Suo Moto Writ Petition No. 1 of 2020 have been recalled — Further held, thereafter after the concerned prisoners/inmates surrender before the concerned prison authorities it will be open for the concerned undertrials to pray for bail before the competent court and their applications be considered in accordance with law and on its own merits — Similarly after the surrender by the concerned convicts who are released on Emergency Parole it will be open for them if so advised to pray for suspension of sentence before the concerned Court in their appeals which might have been pending which also may be considered in accordance with law and/or on merits