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TMI Blog2021 (5) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... rishnanand Pandeya, AOR, Mr. Arun R. Pedneker, Adv., Ms. Mukti Chowdhary, AOR, Mr. Soumya Chakraborty, Sr. Adv., Mr. Sanjai Kumar Pathak, AOR, Mr. Arvind Kumar Tripathi, Adv., Ms. Shashi Pathak, Adv., Mr. Harmeet Singh Ruprah, AOR, Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Narendra Kumar, AOR, Mr. Anupam Raina, AOR, Mr. P. Venkat Reddy, Adv., Mr. Prashant Tyagi, Adv., Mr. P. Srinivas Reddy, Adv., For M/s. Venkat Palwai Law Associates, AOR, Ms. Binu Tamta, AOR, Ms. Supriya Juneja, AOR, Mr. Shuvodeep Roy, AOR, Mr. Arjun Garg, AOR, Mr. Aakash Nandolia, Adv., Ms. Shrutika Garg, Adv., Mr. Milind Kumar, AOR, Mr. Sibo Sankar Mishra, AOR, Mr. Kanhaiya Singhal, AOR, Mr. Prasanna, Adv., Mr. Chetan Bhardwaj, Adv., Mr. Vikas Mahajan, AAG, HP,Mr. Vidit Anand, Adv., Mr. Anil Kumar, Adv., Mr. Vinod Sharma, AOR, Mr. Surinder Singh Manak, Adv., Ms. Aruna Mathur, AOR, Mr. Avneesh Arputham, Adv., Mr. Apoorv Kurup, AOR, Ms. Nidhi Mittal, Adv., Mr. S.C. Verma, AG, Mr. Sumeer Sodhi, AOR, Mr. Saurabh Ajay Gupta, Adv., Mr. Manoj Kumar Singh, Adv., Ms. Simran Agarwal, Adv., Ms. K. Enatoli Sema, AOR, Mr. Amit Kumar Singh, Adv., Mr. Apratim Animesh Thakur, Adv., Ms. Prachi Hasija, Adv., Ms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an order directing the 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 as adopted vide order dated 04.12.2018 in WP(C) 406 of 2013 in ReInhuman Conditions in 1382 Prisons by this Hon'ble Court. iii. Pass an order directing the High Powered Committees/ High Courts to identify and release the vulnerable categories of prisoners on an urgent basis. iv. Pass an order directing the High Powered Committees / State Legal Services Authorities to periodically monitor the prisonwise occupancy rates in their respective States, and give a report of the same to this Hon'ble Court of the prison occupancy as on 31st March, 2021, and the prospective increase in occupancy rate on a monthly basis, in the format as annexed in Annexure A9. v. Pass an order directing the DG Prisons to publish the prisonwise occupancy rates of UTPs/ Convicts/Detenues on their website monthly. vi. Pass an order directing the High Powered Committees / monitoring teams to prioritise healthcare in prisons and scrutinise the prisonspecific readiness and response plans as directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crowded prisons where there is lack of proper sanitation, hygiene and medical facilities. 6. Mr. Colin Gonsalves, learned Senior Counsel appearing for the Applicant submitted that the High Powered Committees which have been constituted pursuant to the orders passed by this Court on 25.03.2020 should be directed to release all those prisoners who have been released last year on regular bail. Such of those inmates who have been granted parole last year should be granted 90 days parole by this Court. He requested that all orders of the HighPowered Committees shall be put on the website of the Governments. Mr. Gonsalves argued that the Standard Operating Procedure (SOP) formulated by the National Legal Services Authority for release of prisoners should be taken into account by the HighPowered Committees. 7. The learned Attorney General submitted that prisons need to be decongested by release of some prisoners in view of the grim situation. He submitted that the HighPowered Committees may be permitted to adopt the procedure that was followed earlier and release the prisoners on the basis of the guidelines formulated by them last year. The learned Attorney General requested for relaxat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Magistrate for further detention; 11.4. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention; 11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing; 11.6. Notice of appearance in terms of Section 41A CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing; 11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction. 11.8. Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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