Panel recommends releasing prisoners in view of ‘threatening’ situation in Capital

NEW DELHI: The high powered committee constituted to decongest jails to prevent the spread of Covid-19 has said that there is a need to release prisoners on interim bail for 90 days or eight weeks’ parole in view of the “alarming” and “threatening” situation of the pandemic in the national capital.

The committee, headed by Justice Vipin Sanghi, observed, “The entire country was engulfed by the second wave of Covid-19, which according to the medical and expert opinion is more virulent and fatal in comparison to the last year’s strain and in a matter of few weeks has left everyone gasping for air.”

“Right to Life under Article 21 is the most precious Fundamental Right of every citizen of India. It unconditionally embraces even an under trial/convict walled off from the society,” the committee said while laying down the criteria for release of around 4,000 under trial prisoners (UTPS) on interim bail for 90 days.

The recommendation by the panel comes a week after the Tihar Jail administration wrote to the Delhi government, asking them to release prisoners in the wake of over 200 Covid cases in the jail at a time when it was at its congested worst. The jail has over 20,000 inmates as on date, more than double its sanctioned capacity of 10,000.

Last year in March when the pandemic broke out, nearly 6,000 undertrial prisoners were released on bail or special parole to decongest Tihar. Most of them surrendered on court orders in February.

The committee said since its last meeting in February this year, the situation “has taken a 360 degree turn and is becoming alarming with each day”.

“Accordingly, there is an imminent and urgent need to take affirmative and effective steps to prevent the outbreak of Covid-19 inside jails and for ensuring social distancing inside prisons by identifying and determining the class/categories of prisoners who can once again be released on interim bails/ paroles,” it has said.

It has further said that according to statistical data of Covid-19 cases in the national capital, the situation was “not only alarming but threatening” as not only the positivity rate but the death rate in Covid-19 positive cases was also “spiking sharply”.

The committee has said that in such a situation, which was much more dangerous than last year, and with the prisons in Delhi holding almost double their capacity of prisoners, it has not only stressed the jail administration but has also “jeopardised the necessity of observing social distancing, which is the need of the hour to prevent the spread of virus amongst the inmates”.

The committee has laid down 11 categories of undertrial prisoners like those in civil imprisonment, senior citizens who are facing trial for offences with a maximum punishment of 10 years in jail, those who are suffering other serious illnesses and are facing trial for offences with punishment ranging from 10 years to life, would be eligible for grant of up to 90 days interim bail on furnishing of a personal bond.

With regard to release of convicts on parole, Director General of Prisons told the committee that a letter was sent to the Delhi government on April 26 to grant emergency parole of eight weeks to those prisoners who surrendered after expiry of emergency parole granted to them last time during the first wave of the pandemic.

The committee then recommended grant of emergency parole to eligible convicts and the principal secretary (home), Delhi government assured the panel that necessary efforts will be taken to get the needful done.

Right to Life under Article 21 is the most precious Fundamental Right of every citizen of India. It embraces even an undertrial/ convict walled off from the society.

Vaccination for inmates

The Delhi high court on Wednesday directed the superintendent of central jail-6 of Tihar on Wednesday to send a request for Covid vaccines for the inmates in the 18-44 years age group within 48 hours and said the ministry of home affairs (MHA) will supply the requisite doses within 15-30 days.

Justice Prathiba M Singh issued the direction after the prison authorities told the court that the jail has not received any vaccine for its 279 inmates in the 18-44 age groups.

The prison authority said it has only received vaccines for the 136 inmates in the 45-plus age group, but just 12 of them have been vaccinated as the others were either hesitant to get the jab or did not have an Aadhaar card, a pan card or a mobile phone number to be put on the COWIN portal for registration.

by justice Vipin Sanghi

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