2020 (3) TMI 1264 - HC - Indian Laws

Temporary release of all the under trials and convicts who are accused of offences where the maximum period of imprisonment prescribed under the I.P.C and other Statutes is upto 5 years and fine - non-heinous crimes - prayer to segregate those inmates who are ailing and provide them proper medical facilities - HELD THAT - It is directed that the Govt. of NCT of Delhi and the Delhi Police shall take immediate steps preferably within two days to implement its decisions. Needless to state that the under trial prisoners shall be at liberty to apply for interim bails on account of the current situation which shall also be taken into consideration by the appropriate courts and the said petitions shall be decided in accordance with law. Petition disposed off.

Summary

Issues:
1. Petition seeking directions to release under trials and convicts in light of Covid-19 pandemic.
2. Consideration of Supreme Court's order regarding Covid-19 spread in prisons.
3. Proposal for amendments in Delhi Prison Rules to address the overcrowding issue.
4. Direction for immediate implementation of proposed measures by Delhi Government and Police.
5. Provision for under trial prisoners to apply for interim bails.

Analysis:
1. The Public Interest Litigation (PIL) requested the release of under trials and convicts accused of non-heinous crimes in Tihar, Mandawali, and Rohini Jails due to the Covid-19 pandemic. It also sought segregation of ailing inmates for proper medical care to prevent the virus spread within prisons.

2. The Supreme Court's order of 16.03.2020 highlighted the urgent need to prevent the spread of Covid-19 in prisons nationwide. The Court directed Chief Secretaries, Home Secretaries, and Prison authorities to explain the steps taken to address the health crisis among inmates and juveniles in custody.

3. The Court noted the proposal by the Delhi Government to amend Delhi Prison Rules by introducing provisions for 60 days parole, special furlough, and emergency parole to reduce inmate population during emergencies like epidemics or natural disasters. The proposed amendments aimed to safeguard the interests of inmates and society.

4. The Court directed the Government of NCT of Delhi and Delhi Police to promptly implement the proposed measures within two days to address the overcrowding issue in jails. This included granting interim bail to under trial prisoners booked in cases with a maximum sentence of 7 years or less, subject to certain conditions.

5. Under trial prisoners were given the liberty to apply for interim bails considering the current situation, with assurance that their petitions would be duly considered by the appropriate courts in accordance with the law. The petition was disposed of with directions for immediate action by the concerned authorities.