Delhi HC considers recalling orders extending interim bail in light of pandemic
New Delhi: The Delhi High Court on Monday asked prison authorities whether they have a sufficient number of isolation wards to accommodate all prisoners who would have to surrender if the bail extension orders issued by it earlier this year in light of the pandemic are recalled.
The high court sought from the prison authorities the details regarding the number of COVID-19 cases in Delhi's three jails, the number of prisoners who are out on bail and need to surrender next month and the number of isolation wards in each of the three jails. The high court also expressed concern over "the surge in COVID-19 cases" in Delhi.
The order by a bench of Chief Justice D N Patel and Justices Siddharth Mridul and Talwant Singh came while hearing an application seeking modification of the high court's July 13 and July 24 orders by which it had clarified that its orders extending interim bails/paroles would be applicable to everyone granted the relief before or after March 16.
The application has alleged that the two orders were being misused by prisoners by seeking bail on grounds of family illness or some such other reasons, instead of seeking regular bail, and then getting the same extended on the basis of the high court's direction.
The high court said it will not permit the misuse of its orders and will recall its extension order if it was being misused. The bench said, "If they (prisoners) are misusing it, we will stop it and then let them suffer."
"There is a surge in cases (in Delhi). We are truly concerned," the bench said. The high court also issued notice to the Director-General (DG) Prisons, who is in charge of all three jails — Tihar, Rohini and Mandoli — in the city and sought his stand before the next date of hearing on October 16.
The DG has also now tested positive for the virus and is recovering in home isolation. The bench said he could appear via video conference if he was well or someone could represent him.
The Delhi government standing counsel Rahul Mehra said he was appearing for DG Prisons and will take instructions on the queries raised by the bench.
