PIL filed in Apex Court seeks the release of prisoners above 50 years on “Emergency Parole”
(Judicial Quest News Network)
A PIL has been filed in Supreme Court seeking direction for the immediate release of the prisoners from jail who are above 50 years of age and suffering from ailments and pre-existing medical conditions on emergency Parole or interim bail “during the crisis of the Corona Virus.
The petitioner contended that in order to avoid the unnecessary burden on Health Care System, the Government of India had Issued Office Memorandum whereby it directed to grant Commuted leave to those officials who are above 50 years of age and have underlying conditions i.e. diabetes, Respiratory Problems, Renal Diseases and other life threatening illness without production of Medical certificate.
The petitioner further submitted that an order passed by this court in suo motto Writ Petition (CIVIL) No.1/2020 vide order dated 23-03-2020and whereby several directions were issued by this Hon’ble Court to decongest jails of the Country passed several directions were issued in certain category of Prisoners. How ever the issue of Vulnerability of Corona Virus in certain category of persons was not brought into the notice of this Court.
By way of the present petition the petitioner craves the indulgence of this Hon’ble Court to direct the Respondents to consider all prisoners above 50 years of age particularly those suffering from diabetes and other ailments mentioned in the Memorandum issued by the Government of India.
The Petitioner Amit Sahni, has brought this into the notice of the Court that the purpose of the Supreme Court behind taking this suo moto cognizance on the issue of overcrowding jails was “to prevent spread of COVID-19 in jails across the country and… to avoid deaths in jail due to COVID-19 however he contends that the Centre and state Governments did not raise the issue of this category’s vulnerability before the Court, and as a result, the Court could not pass any order asking the respective Governments to consider their release.
The petitioner further submitted that the prisoners above 50 years of age
And those with the above-mentioned diseases are more prone to COVID-19, the petitioner has requested the Top Court to “redress the afore said grave injury being caused to the public at large due to aforesaid legislative vacuums and inaction on the part of the Respondents.
