SC clears air on order for prisoners’ release

New Delhi: The Supreme Court on Monday made it clear that it has not directed all the states and union territories to “compulsorily” release prisoners from jails and its earlier orders were meant to prevent overcrowding of prisons in view of coronavirus (COVID-19) outbreak.
The top court said that the purpose of its earlier orders was to ensure the states and union territories assess the situation in their prisons and release certain prisoners.
A bench of Chief Justice SA Bobde and justices L Nageswara Rao and MM Shantanagoudar said its orders have to be followed in letter and spirit and will be also applicable to correctional homes, detention centres and protection homes.
“We make it clear that we have not directed the states/union territories to compulsorily release the prisoners from their respective prisons. The purpose of our aforesaid order was to ensure the states/union territories to assess the situation in their prisons having regard to the outbreak of the present pandemic in the country and release certain prisoners and for that purpose to determine the category of prisoners to be released,” the bench said.
“We make it clear that the order is intended to be implemented fully in letter and spirits,” it added.
The bench issued the directions in the matter after taking up the matter suo motu (on its own).
The top court said that by its order of March 23, it had directed the states and union territories to constitute high-powered committees, which could decide which prisoners may be released on interim bail or parole during the pandemic.
“The purpose was to prevent the overcrowding of prisons so that in case of an outbreak of coronavirus in the prisons, the spread of the disease is manageable,” the bench said, when it was pointed out that Bihar government was not releasing any prisoners as no case of patient of suffering from coronavirus was found in the prisons and also due to the fact that jails are not overcrowded.
Dealing with a separate application on the issue of release of jail inmates and detainees in detention centres, the bench directed that no prisoner shall be released if he or she has suffered from coronavirus disease in communicable form.
It said that for this purpose, appropriate tests shall be carried out to check whether the prisoner to be released is suffering from coronavirus.
“If it is found that a prisoner, who has been released, is suffering from coronavirus after the release, necessary steps will be taken by the authority concerned by placing him/her in appropriate quarantine facility,” the bench said.
It directed that transportation of inmates shall be done in full compliance of the rules and norms of social distancing.
“For instance, no transportation shall be allowed in excess of half or one fourth capacity of the bus as may be found appropriate to ensure that the passengers who have been found to be free of coronavirus disease are at a distance from each other,” the bench said. (PTI)