Plea Filed Before Supreme Court Seeking to Address the Issue of Decongestion. Of Jail Premises to Safeguard the Health and Welfare of The Inmates Amid COVID-19 Pandemic

(Judicial Quest News Network)

A plea has been filed in Apex Court in the nature of a Social Action Litigation, primarily seeking, the urgent and kind indulgence of this Hon‟ble Court in order to address the grievances faced by the prisoners detained in various jails across India in the current pandemic situation owing to the non-compliance of the orders passed by this Hon‟ble Court in Suo Motu W.P.(C) No. 1 of 2020, specifically, vide Orders dated 23.03.2020 and 07.05.2021 (hereinafter referred to as “Jail decongestion Orders”).

It is contended that the orders rendered by the Supreme Court regarding the classification of inmates eligible for release on parole/interim bail by the High-Powered committee is unreasonable, arbitrary and unjust.

The petition id filed by Advocates Deepak Prakash (Advocate Divyangna Malik,Ms shashi priya and Mr. Nachiketa Vajpayee are the part of the team of lawyers)on behalf of All India Association of Jursists through its national General Secretary Vishnu Shankar.

The petitioners further submits that “The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID – 19). Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (iii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate.

The pleas further avers that the HPCs have not compiled with Supreme Court’s orders as directions laid down in Shilpa Mittal V,State of NCT of Delhi.

It is further submitted that the severity of offences is classified into broadly three categories, “heinous”, “serious” and “ordinary”, which has not been considered by the Ld. HPCs.

While exercising the abovementioned discretionary power, HPCs ought to have formulated their guidelines on the basis of classification of crime as per the latest law laid down by this Hon‟ble Court in the case of Shilpa Mittal (supra) to decide the severity of the offences involved therein, as the case may be.

The petitioners said that It appears that there is grave disparity between the classification and categorisation of inmates, owing to non-application of judicial mind with respect to offences falling under “heinous”, “serious” and “ordinary” offences, as laid down by this Hon‟ble Court in the case of Shilpa Mittal.

Therefore, in light of the abovementioned reasons, proper specific further Orders are required to effectively implement the Jail decongestion Orders along with consideration of certain suggestive measures, as elaborately mentioned in this Petition hereinbelow.

In view the impending third wave of COVID-19the Petitioner is compelled to approach this Hon‟ble Court on humanitarian grounds for appropriate relief, as may deem fit by this Hon‟ble Court.

The petitioners have submitted that the National Legal Services Authority (NALSA) to frame a Standard Operating Procedure (SOP) to make the functioning of the Under Trial Review Committee (UTRCs) more meaning and efficient thereby, NALSA issued SOP in 2019 to make the functioning of the Under Trial Review Committee (UTRCs) more meaning and efficient.