2020 (4) TMI 573 - SCH - Indian Laws

Constitution of High Powered Committees which could decide which prisoners may be released on interim bail or parole during the pandemic (COVID 19) - HELD THAT - Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detenues who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released on the same terms and conditions as those laid down in the aforesaid order dated 10.05.2019, except that they shall not be required to furnish a bond in the sum of ₹ 1,00,000/-. Application disposed off.

Summary

Issues:
1. Release of prisoners on interim bail or parole during the COVID-19 pandemic.
2. Implementation of directions regarding the release and transportation of prisoners.
3. Release of detenues declared as foreigners under the Foreigners Act, 1946.
4. Modification of conditions for release of detenues who have served long periods of detention.

Issue 1: Release of Prisoners on Interim Bail or Parole
The Supreme Court directed States/Union Territories to constitute High Powered Committees to decide on releasing prisoners to prevent prison overcrowding during the pandemic. The Committees were to determine the category of prisoners eligible for release based on factors like the nature of the offense, severity, and sentence length. The purpose was to manage the spread of COVID-19 in prisons. The Court clarified that the order was not compulsory but aimed at assessing each state's prison situation and releasing prisoners accordingly.

Issue 2: Implementation of Directions for Release and Transportation
The Court permitted prisoner release based on High Powered Committee recommendations, except in Delhi and Goa. Concerns were raised about the risk of COVID-19 transmission during prisoner transportation. The Court issued directions to prevent the release of prisoners with communicable coronavirus and mandated testing for released prisoners. It also laid down rules for transportation, emphasizing social distancing norms. The order was extended to correctional homes, detention centers, and protection homes.

Issue 3: Release of Detenues Declared as Foreigners
An application sought modification of conditions for releasing detenues declared as foreigners under the Foreigners Act, 1946. The Court considered reducing the detention period from three years to two years for release, subject to specified conditions. The modification aimed to balance public safety concerns with the risk of COVID-19 transmission due to detainee release. The Court adjusted the release conditions to ensure compliance with the existing order while addressing the current pandemic situation.

Issue 4: Modification of Conditions for Detenues in Detention
The Court reviewed a previous order regarding detenues who had served long periods of detention and were declared foreigners. Considering the current pandemic situation, the Court reduced the detention period requirement from three years to two years for release. The modified conditions included a reduced bond amount and other specified requirements to facilitate detainee release while maintaining necessary safeguards. The modification aimed to balance public health concerns with the rights of detainees.

In conclusion, the Supreme Court addressed various issues related to prisoner release during the COVID-19 pandemic, ensuring a balance between public safety, legal considerations, and the management of the health crisis within correctional facilities. The judgments provided detailed directions for the release, testing, and transportation of prisoners, as well as modifications to existing conditions for detenues declared as foreigners, taking into account the unique challenges posed by the current pandemic situation.