Supreme Court stays Delhi HC order ending bail extension of undertrials

  Supreme Court Thursday stayed a Delhi High Court order which h directed all undertrial prisoners whose bail period was extended due to  COVID-19 lockdown to surrender in a phased manner between vember 2-13.A bench of Justices L Nswara Rao, Hemant Gupta and Ajay Rastogi also issued tice to Delhi government and ors on plea challenging HC order and sought ir replies.

apex court was hearing an appeal filed by  National Forum for Prison Reforms (NFPR) against a Delhi high court order which decided that its blanket order extending all interim stays and bails granted prior to and during COVID-19 lockdown would t remain in effect after October 31.

Senior vocate Colin Gonsalves and vocate Ajay Verma appeared for petitioner in case.

NFPR in its plea before apex court said direction of high court is completely against spirit of order dated Match 23, 2020 passed by it wherein HC h brushed aside, without even perusing, eight recommendations/ orders of its own High Powered Committee (HPC) appointed by top court.

plea said HC order was passed by grossly misunderstanding data presented to it and wrongly concluding that only three coronavirus cases existed among 16,000 inmates.  Secondly, observations regarding release of undertrial prisoners in jails on allegation that y h committed “heius crimes” was dealt with by HPC carefully and reasons given, but se have t even been looked at, it said. high court in its order h said all undertrials whose bail period was extended have to surrender in a phased manner between vember 2 and vember 13.

court h said order would also be applicable to 356 prisoners who were granted bail by high court and y would have to surrender before jail authorities on vember 13. high court on August 24 h extended till October 31 all interim orders which were to expire on or after August 31 in cases that are before it as also district courts in view of COVID-19 pandemic.

high court h said bail granted by trial courts to 2,318 undertrial prisoners involved in heius crimes and which was being extended from time to time on basis of high court's blanket extension order, would come to an end on October 31 and all of m have to surrender in a phased manner between vember 2- 13.

surrender process would start on vember 2 with prisoners of Central District, Tis Hazari Courts and would culminate on vember 13 with surrender of prisoners from Rouse Avenue Courts Complex, New Delhi, high court said in its order of October 20.

high court h said interim bail and interim stay extension order of March 25, which was extended from time to time, "was necessitated because functioning of courts was curtailed due to complete lockdown declared on March 25", but "w situation has changed and all courts at high court and district court level are functioning through physical mode/video conference mode".

Ar reason given by bench for modifying its March 25 order was that re is spre of COVID-19 in jails and out of about 16,000 prisoners only 3 are infected and y have been segregated and are mitted in hospital.

high court bench h said its order would also be applicable to those 356 prisoners who were granted bail.

On March 25, high court h extended till May 15 interim orders in all matters pending before it and subordinate courts in view of lockdown. reafter, relief was extended from time-to-time and it was last extended till October 31 on August 24. 

(IM CREDITS:PTI)