SC to pass order on HPC's power to release prisoners during virus pandemic
New Delhi: The Supreme Court on Monday said it would pass a "detailed order" by which High Powered Commitees in states can order release of prisoners depending upon the situations such as nature of cases and statutes involved during COVID-19 pandemic.
After the spread of novel Coronavirus was declared as pandemic, the top court on March 23 had taken note of the necessity of maintaining social distancing in prisons and had directed states to constitute High Powered Committee (HPCs) so as to release prisoners on interim bail or emergency parole considering the seriousness, gravity and length of term of sentence and any other similar factor.
A bench of Chief Justice S ABobde and Justices A S Bopanna and V Ramasubramanian Monday took note of the plea of the NGO, National Alliance for People's Movements (NAPM), that several prisoners despite the HPC's orders have not been released from prisons in Maharashtra. It also considered the submissions against the Bombay High Court's order which had upheld the classification of offences and imposition of additional conditions by HPC for releasing prisoners.
"Now we will make an observation that high powered committee can order release depending on the situations," said the bench during the hearing conducted through video conferencing. It said that a detailed order would be passed. The NGO, through its National Convener MedhaPatkar, has sought reconsideration of the cases of 17, 642 undertrial prisoners lodged in jails in Maharashtra for temporary release on interim bail.
The plea, filed through lawyer Vipin Nair, said the HPC had classified prisoners in the light of the recommendations of the Additional Director General of Police and Inspector General of Prisons and Correctional Homes in the meeting on May 11 and had suggested the releasw of 17,642 undertrial prisoners.
The NGO alleged spread of the pandemic in various prisons and as many as 10 prisoners have died of the COVID-19 and sought interim release or prisoners in the state who are charged under Special Acts NDPS and UAPA.
