2020 (4) TMI 572 - SCH - Indian Laws

Directions to be issued for dealing with the present health crisis arising out of Corona virus (COVID-19) with regard to Prisons and Remand Homes - HELD THAT - Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum - It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate. List the matter after three weeks.

Summary

Issues:
1. Measures taken by states and UTs for dealing with the health crisis in prisons and remand homes during the COVID-19 pandemic.
2. Overcrowding in prisons and its impact on controlling the spread of COVID-19.
3. Constitution of High Powered Committee for the release of certain categories of prisoners on parole or interim bail.
4. Implementation of directives for prison and remand homes by setting up monitoring teams at the state level.
5. Withdrawal of certain writ petitions with liberty to approach concerned Ministries.

Analysis:

1. Measures taken by states and UTs for dealing with the health crisis in prisons and remand homes during the COVID-19 pandemic:
The Supreme Court reviewed responses from various states and UTs regarding the steps taken to address the health crisis in prisons and remand homes due to the COVID-19 outbreak. Several states have implemented measures such as creating isolation wards, quarantine for new prisoners, medical examinations, sanitization, and limiting personal visits. Some states have also introduced video calling for interactions with prisoners and screening measures for returning prisoners. Notably, some states have transferred prisoners to decongest facilities and identified vulnerable groups for special attention.

2. Overcrowding in prisons and its impact on controlling the spread of COVID-19:
Recognizing the serious concern of overcrowding in prisons amid the COVID-19 pandemic, the Court emphasized the need to control the spread of the virus within correctional facilities. It directed states and UTs to form High Powered Committees to determine the release of certain categories of prisoners on parole or interim bail. The Committees were tasked with considering factors like the nature of the offense, the severity of the charge, and the length of the sentence in making release decisions.

3. Constitution of High Powered Committee for the release of certain categories of prisoners on parole or interim bail:
In line with the provisions of Article 21 of the Constitution of India, the Court mandated the formation of High Powered Committees in each State/Union Territory. These Committees, comprising legal and prison authorities, were entrusted with the responsibility of deciding which class of prisoners could be released on parole or interim bail based on specified criteria. The Court left it to the Committees to determine the appropriate category of prisoners for release.

4. Implementation of directives for prison and remand homes by setting up monitoring teams at the state level:
To ensure compliance with the directives issued for prisons and remand homes, the Court directed the establishment of monitoring teams at the state level. These teams were tasked with overseeing the adherence to the prescribed measures, including maintaining social distancing, preventing overcrowding, and providing medical assistance to ill prisoners. The Court also recommended the development of prison-specific readiness and response plans in consultation with medical experts.

5. Withdrawal of certain writ petitions with liberty to approach concerned Ministries:
In response to certain writ petitions, the Court allowed their withdrawal with the liberty to approach the concerned Ministries for resolution. The petitions were treated as representations to be reviewed by the Ministries, and if deemed necessary, the petitioners could be heard. The Court dismissed the writ petitions as withdrawn, granting the petitioners the liberty to seek redressal through the appropriate channels.

The Supreme Court's judgment addressed critical issues related to managing the health crisis in prisons during the COVID-19 pandemic, emphasizing the need for proactive measures, release of certain prisoners, and oversight mechanisms to ensure compliance with the directives issued.