The Supreme Court ruled on Friday that all prisoners who were released by the High-Powered Committee (HPC) of various state governments in May of last year shall not be asked to surrender until further orders are issued.
In the middle of the country’s unprecedented Covid-19 crisis, the Supreme Court issued a slew of orders to decongest jails. After the order immediate release of all prisoners who were given bail or parole last year owing to the pandemic.
On Friday, a bench headed by Chief Justice N.V. Ramana ordered all states to submit a report detailing the HPCs’ implementation and criteria for releasing offenders on emergency parole by next Friday.
The bench, which included Justice Nageswara Rao and A.S. Bopanna, noted that no uniform criteria are used throughout states. States must explain if they take into consideration such as age and comorbidities when granting parole, according to the report.
Senior advocate Dushyant Dave, who is an amicus curiae in the case, said that the court took suo moto cognizance on March 16 last year. To avoid overcrowding in jails, the court ordered that all prisoners or undertrials in offenses punishable by imprisonment for seven years or less be immediately released.
He went on to say that because there are 4 lakh prisoners in prison and jails are overcrowded, decongestion was necessary to defend the accused’s right to health amid the pandemic.
There was no information available on how the Supreme Court’s order was implemented by different states, according to Dave.
“The government has no issue if the earlier orders are extended,” Solicitor General Tushar Mehta said on behalf of the Centre. States should also explain whether prisoners whose appeals are pending in higher courts were considered for release by HPCs, according to the court.
“We believe it is appropriate to urge the Secretary of the National Legal Services Authority (NALSA) and states to submit a report outlining the standards followed in the release of convicts. It is necessary to clarify why appeals by convicts seeking release were not considered” in its order, the bench stated.
The NALSA Secretary has been given until next Friday to provide this report, and the subject will be heard again on August 3.
