Virus: Delay in releasing prisoners to make futile efforts to decongest jails, says HC Judge

A high-powered committee, headed by a Delhi High Court judge, has cautioned the authorities that any delay in releasing eligible convicts on 'emergency parole' to decongest jails to prevent the spread of coronavirus will make the entire effort futile.

The global pandemic, also called COVID-19, has infected 5,194 people in India and claimed 149 lives. The Director General (Prisons) and Delhi government's Principal Secretary (Home) assured the chairperson of the committee on Tuesday that they would expedite the process of granting 'emergency parole' to the eligible convicts and the process would be completed within three days.

The committee, headed by Justice Hima Kohli, was constituted in March on the orders of the Supreme Court. It has deliberated and resolved on various means of achieving social distancing including to quarantine fresh inmates, taking stock of effect of criterion earlier adopted, determining fresh category of prisoners who can be released on interim bail to check the spread of the virus in prisons.

According to the DG (Prisons), after adopting the criteria made earlier for release prisoners, the jail population has come down from 17,552 as on March 25 to 16,179 as on April 7. On complete implementation of the criteria, it would further come down to about 15,500.

The committee was further informed that in view of its March 28 directions, 686 orders were issued for release of convicts on parole and 650 have been released and 261 cases are under process. The authorities said though orders have been issued with respect to 686 convicts for their release on 'emergency parole', some of them have not been released as they are unwilling and some are residents of Punjab, Bihar and Uttar Pradesh.

In the March 28 meeting held by the committee constituted by the Delhi government, it was resolved that the process of granting eight weeks parole to around 1,500 prisoners, under a newly incorporated provision in the prison rules, would be completed expeditiously.

“However, as per the report submitted (on April 7), only 650 convicts have been released so far. Chairperson has cautioned DG (Prisons) and Principal Secretary (Home) that any delay in release of the eligible convicts on 'emergency parole' so as to complete the exercise of de-congestion of jail, will make the entire effort futile,” as per the minutes of the meeting.

The decision by the committee was taken in a meeting held via video conferencing with officials of DG (Prisons), Delhi State Legal Services Authority and Home Department of the Delhi government.

The meeting was held pursuant to the March 23 direction of the apex court to every state to set up a high powered committee to take measures to reduce population of inmates in the over-crowded jails in the country by determining the category of prisoners to be released on parole and interim bail.

The minutes also recorded that the chairperson has expressed “her deep disappointment and displeasure for the non-implementation” of the resolutions adopted in the earlier meeting regarding remission of sentence to be granted to the convicts. The panel was informed that none of the convicts were granted remission of sentence.

The authorities told the panel that necessary orders have been passed by the Delhi government in this regard and they will expedite the process to achieve the object for which the committee has been constituted. The committee also expresses satisfaction over the steps and precautions taken by the jail authorities to prevent outbreak of COVID-19 in jail premises.

Some of the steps taken by the authorities include frequent cleaning and sanitisation of bathing area and kitchen area, maintaining social distancing and quarantine of new prisoners. The panel noted that on the basis of criteria adopted earlier, as on date only about 1500 inmates/ convicts or undertrial prisoners have been released on parole or interim bail.

The panel further relaxed the criteria for considering releasing prisoners on interim bail, including preferably on basis of personal bond. The committee directed the DSLSA official to gather information on steps taken by Juvenile Justice Boards and Child Welfare Committees towards implementation of directions passed by the apex court.

The panel was informed that after adopting the criteria laid down on April 7 meeting for releasing undertrials on interim bail, the number will further come down to 14,500 in a week's time. The DG (Prisons) had earlier said that in the 16 jails in Delhi which have a total capacity of 10,026 prisoners, there are 17,440 inmates of which 14,355 are undertrial prisoners.

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