2020 (5) TMI 696 - HC - Indian Laws

Seeking to incorporate directions in the SOP for jails for the purpose of the present COVID pandemic - HELD THAT - For ascertaining whether the directions/suggestions are being complied with or not and to what extent, we direct the committees to be formed consisting of the (i) Secretary, DLSA or TLSA, (ii) CMHO and/or its representative and (iii) President or Secretary of the local Bar Association. This team shall visit each jail within their respective districts, Central Jail/District Jail/ Sub Jail and they shall check and verify the status of each jail vis-a-vis parameters set up by the Union of India, the State of Rajasthan as well as in the publication made by the RSLSA, in particular all suggestions regarding public health within the jail premises. Such committees formed for each jail i.e. Central Jail, District Jail and/or Sub Jail, shall visit in their respective districts/Sub Division and reports by them regarding status, shall be submitted before the Member Secretary, RSLSA on or before 22.05.2020. The Member Secretary, RSLSA and Ms. Smita Chakraborty are requested to collate all such reports and present the same in a concise manner with their suggestions, if any, before this Court by 26.05.2020 with copies to the learned Advocate General, Additional Chief Secretary (Home) and Director General (Prisons), Rajasthan - The matter shall be next listed on 27.05.2020.

Summary

Issues:
1. Management of COVID-19 cases in Jaipur District Jail
2. Standard Operating Procedure (SOP) for jails in Rajasthan
3. Compliance with guidelines and maintenance of cleanliness in jails

Management of COVID-19 cases in Jaipur District Jail:
The High Court of Rajasthan addressed a Suo Motu Public Interest Litigation (PIL) based on news reports indicating a significant number of COVID-19 positive cases among prisoners at Jaipur District Jail. The court heard from the Advocate General, Additional Chief Secretary (Home), and Director General (Prisons) regarding the situation. The court noted that a large number of inmates, including convicts and under-trials, had tested positive for the virus. The court was informed that specific measures had been taken, such as isolating infected individuals, creating a COVID Care Centre within the jail, and issuing instructions to prevent further spread. The court directed the State Government to incorporate COVID-19 testing requirements in the Standard Operating Procedure (SOP) for jails and outlined detailed guidelines for testing, isolation, and monitoring of prisoners to prevent the spread of the virus within the jail premises.

Standard Operating Procedure (SOP) for jails in Rajasthan:
The Additional Chief Secretary (Home) informed the court about the SOP created by the Government of Rajasthan for admitting accused individuals to jails during the pandemic. The SOP included mandatory testing by local medical authorities, a 21-day isolation period upon entry, and subsequent medical check-ups before moving prisoners to the General Ward. The Director General (Prisons) highlighted the efforts taken to ensure cleanliness and prevent infections within jails. The court issued directions to incorporate these guidelines into the SOP for jails in Rajasthan to manage the COVID-19 pandemic effectively.

Compliance with guidelines and maintenance of cleanliness in jails:
The court emphasized the importance of maintaining high standards of care for jail inmates and issued specific directions to ensure compliance with COVID-19 guidelines and standards of cleanliness within jails. Committees were to be formed to inspect and verify the status of each jail in terms of compliance with the prescribed parameters. Reports from these committees were to be submitted for review, and further actions were to be taken based on their findings. The court stressed the need for prompt and thorough implementation of the directions to protect the health of inmates during the ongoing pandemic, with a follow-up hearing scheduled to monitor progress and compliance.