In Re : Contagion Of Covid 19 Virus In ... vs Unknown

[NON-REPORTABLE]

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICITON

I.A NO.179931 OF 2022 IN SUO MOTO WRIT PETITION (C) NO.01/2020

In Re: Contagion of Covid-19 Virus in Prisons

And

Director General (Prisons)

JUDGMENT

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 Signature Not Verified Digitally signed by Neetu Sachdeva Date: 2023.03.24 16:35:12 IST Reason: Parole or interim bail pursuant to the recommendations

of the High-Powered Committee, in compliance with the 2

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 3

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 4

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 High-

Powered 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 5

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 High-

Powered 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 6

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.

7

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 over-

crowding 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 8

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.

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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.

…………………………….J. [M.R. SHAH]

New Delhi; …………………………..J. March 24, 2023 [C.T. RAVIKUMAR] 10