2021 (5) TMI 987 - SC - Indian Laws

Seeking release of prisoners on interim bail/parole based upon the situation in the concerned State - prevailing COVID-19 situation - seeking direction to State Legal Service Authorities to strictly adhere to the Standard Operating Procedures of National Legal Service Authorities on the functioning of the Undertrial Review Committees - seeking direction to High Powered Committees/ High Courts to identify and release the vulnerable categories of prisoners on an urgent basis - seeking direction to DG Prisons to publish the prisonwise occupancy rates of UTPs/ Convicts/Detenues on their website monthly - seeking direction to High Powered Committees / monitoring teams to prioritise healthcare in prisons and scrutinise the prisonspecific readiness and response plans as directed by this Hon ble Court - seeking direction to State Governments/ Union Territories to undertake a vaccination drive in the prisons across their respective States/ Union Territories. HELD THAT - 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 VERSUS STATE OF BIHAR ANR 2014 (7) TMI 1143 - SUPREME COURT - the rapid proliferation of the virus amongst the inmates of congested prisons is a matter of serious concern. The High Powered Committees constituted by the State Governments/Union Territories shall consider release of prisoners by adopting the guidelines (such as inter alia SOP laid down by NALSA) followed by them last year at the earliest. Such of those States which have not constituted High Powered Committees last year are directed to do so immediately. Commissioner of Police Delhi shall also be a member of the High Powered Committee Delhi. Due to the immediate concern of the raging pandemic this court has to address the issue of decongestion - the High Powered Committee in addition to considering fresh release should forthwith release all the inmates who had been released earlier pursuant to our order 23.03.2020 by imposing appropriate conditions. Such an exercise is mandated in order to save valuable time. It is directed that those inmates who were granted parole pursuant to our earlier orders should be again granted a parole for a period of 90 days in order to tide over the pandemic - lastly the fight against the pandemic is greatly benefitted by transparent administration. In this regard our attention was drawn to example of Delhi wherein the prison occupancy is updated in websites. Such measures are required to be considered by other States and should be adopted as good practice. Overcrowding of prisons is a phenomenon plaguing several countries including India. Some prisoners might not be willing to be released in view of their social background and the fear of becoming victims of the deadly virus. In such extraordinary cases the authorities are directed to be considerate to the concerns of the inmates. The authorities are directed to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The spread of Covid19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail staff and immediate treatment should be made available to the inmates and the staff. It is necessary to maintain levels of daily hygiene and sanitation required to be improved. Suitable precautions shall be taken to prevent the transmission of the deadly virus amongst the inmates of prisons. Appropriate steps shall be taken for transportation of the released inmates of the prisons if necessary in view of the curfews and lockdown in some States. Application allowed.

Issues Involved:
1. Examination of the current risk of virus spreading in prisons.
2. Adherence to Standard Operating Procedures for Undertrial Review Committees.
3. Identification and release of vulnerable prisoners.
4. Monitoring and reporting of prison occupancy rates.
5. Publication of prison occupancy rates.
6. Prioritization of healthcare and readiness plans in prisons.
7. Undertaking vaccination drives in prisons.

Detailed Analysis:

1. Examination of the Current Risk of Virus Spreading in Prisons:
The Supreme Court acknowledged the serious concern of Covid-19 spreading in overcrowded prisons, where proper sanitation, hygiene, and medical facilities are lacking. The Court directed the High Powered Committees (HPCs) constituted on 23.03.2020 to examine the current situation and recommend the release of prisoners on interim bail/parole based on the situation in the concerned State.

2. Adherence to Standard Operating Procedures for Undertrial Review Committees:
The Court emphasized the importance of adhering to the Standard Operating Procedures (SOP) formulated by the National Legal Services Authority (NALSA) for the functioning of Undertrial Review Committees. The HPCs were instructed to take these SOPs into account while making decisions regarding the release of prisoners.

3. Identification and Release of Vulnerable Prisoners:
The Court directed the HPCs and High Courts to identify and urgently release vulnerable categories of prisoners. This step was deemed crucial to mitigate the risk of Covid-19 spreading within the prison population.

4. Monitoring and Reporting of Prison Occupancy Rates:
The HPCs and State Legal Services Authorities were ordered to periodically monitor prison-wise occupancy rates and report the same to the Supreme Court. The format for reporting was specified, and the occupancy rates as of 31st March 2021, along with prospective monthly increases, were to be included.

5. Publication of Prison Occupancy Rates:
The Court directed the Director Generals of Prisons to publish the prison-wise occupancy rates of undertrial prisoners (UTPs), convicts, and detainees on their websites monthly. This measure aimed to ensure transparency and public awareness regarding prison conditions.

6. Prioritization of Healthcare and Readiness Plans in Prisons:
The HPCs and monitoring teams were instructed to prioritize healthcare within prisons and scrutinize the prison-specific readiness and response plans. This directive was in line with the Court's order dated 23.03.2020, which aimed to enhance the preparedness of prisons to handle the pandemic.

7. Undertaking Vaccination Drives in Prisons:
The Court directed State Governments and Union Territories to undertake vaccination drives in prisons across their respective jurisdictions. This measure was considered essential to protect the health and safety of both inmates and prison staff.

Additional Orders and Observations:

Release of Previously Released Prisoners:
The Court found merit in the submission that prisoners who had been released last year should be released again to save valuable time. It was directed that inmates previously granted parole should be granted a further 90 days parole.

Transparency and Dissemination of Information:
The Court highlighted the importance of transparent administration and noted the example of Delhi, where prison occupancy is updated on websites. Other States were encouraged to adopt similar practices. All decisions of the HPCs were to be published on the respective State Legal Service Authorities/State Governments/High Courts websites.

Consideration for Inmates Unwilling to be Released:
The Court acknowledged that some prisoners might not be willing to be released due to their social background and fear of the virus. Authorities were directed to be considerate of such concerns and ensure proper medical facilities and regular testing for both inmates and jail staff.

Conclusion:
The Supreme Court's judgment addressed multiple aspects of managing the Covid-19 pandemic within prisons, emphasizing the need for decongestion, healthcare prioritization, transparency, and vaccination. The directives aimed to balance the health and safety of inmates with the requirements of the criminal justice system.

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