SHILLONG: The Member Secretary of Meghalaya State Legal Services Authority, Noor Ain Khan, informed that till date 300 prisoners have been released on bail in the state in an effort to decongest jails in view of the COVID-19 pandemic.
Speaking to reporters before the start of a review meeting, in order to take stock of the jail conditions, Khan said, ”Population in district jails like Williamnagar and Nongpoh, is within limit and it is not overcrowded”.
“Pursuant to the High Powered Committee resolution, the District Legal Services Authority (DLSA) has taken action and till date they have released over 300 prisoners. In East Khasi Hills, they have released almost 148 prisoners till date,” he said, adding that the prisoners are released on bail and they are not let off.
He told reporters that the review meeting via video conferencing was held to take stock of the conditions of the inmates in the prison and see the implementation of the resolution of the High Powered Committee, which is constituted pursuant to the order from the Supreme Court.
The SC had directed the committee in all the states and union territories to decongest jails due to the COVID-19 pandemic. It is only in district Jail, Shillong, that number of inmates has exceeded the capacity.
Khan said that two important things which need to be reviewed and looked into are the preventive steps taken by the jail authorities and find out if there is any reported case of COVID-19 and if yes, what steps were taken by the jail authorities.
He informed that the SC directive is to see that the jail which is overcrowded is to be decongested.
The High Powered Committee has classified cases wherein the inmates on can be released on bail or interim bail, and cases of convicts who can be released on parole.
“The purpose of this meeting is to see how far we have been able to act upon the resolution. It is also to be clarified that the purpose of this committee is not to mandatorily release the prisoners as there are criteria to be worked out. There are habitual offenders and for those, exception has been carved out”, he said.
In cases where the accused persons have been charged for an offence which is punishable up to 7 years, such prisoners can be considered for interim bail but not in the case of a heinous offence.
Speaking about under-trial prisoners (UTPs), Khan said that there are two types of UTPs — ones who are in jail pending investigation and others who are standing for trial (where the charge sheet has been filed).
“They have a right. For the UTPs pending investigation, if the offence charge where the punishment can extend up to 10 years and if the charge sheet is not filed within 60 days, they are entitled to be released on bail. And in heinous crimes such as murder, if they are imprisoned and the investigation is pending and no charge sheet is filed for 90 days, they are entitled to be released on bail and they cannot be kept,” Khan said, adding that a review will be made of such cases as well.
