Case Title: In Re Contagion of COVID-19 Virus in Prisons
In response to the COVID epidemic, the Supreme Court mandated that all States and Union Territories establish high-level committees to assess whether criminals qualify for four-to six-week parole releases.
Prisoners who have been convicted of or charged with crimes carrying sentences of up to seven years in prison may be granted release in order to relieve overcrowding in jails, according to a bench led by former Chief Justice S.A. Bobde. The bench proposed that the high-level committee release inmates after consulting with the State Legal Service Authority.
“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, (ii) 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,” said the bench, comprising Justices L Nageswara Rao and Surya Kant.
The Supreme Court additionally ordered that all convicts who are awaiting trial cease physically appearing before the courts immediately and instead use video conferencing for all proceedings in light of the potential for outside dissemination.
Additionally, other than necessary decongestion to enable social distance and medical help to a sick prisoner, routine prisoner transfers between facilities must be avoided. Furthermore, if an infection risk is detected, a sick individual should be sent immediately to a Nodal Medical Institution.
In a suo moto case brought in to address the matter, the Court issued the directive. To all States and Union Territories, the Court had sent notifications.
According to the highest court, there are 1,339 prisons in the nation housing around 4,66,084 convicts, raising concerns about prison overpopulation. According to National Crime Records Bureau (NCRB) data, 117.6% of Indian jails are now occupied, with occupancy rates reaching as high as 176.5% and 157.3% in places like Uttar Pradesh and Sikkim, respectively.
According to the Supreme Court, COVID-19 is more susceptible to spreading in crowded areas and at large meetings, and research shows that infectious viruses like COVID-19 multiply in enclosed areas like prisons. The top court had stated that there is a substantial danger of COVID-19 transmission to jail inmates due to the frequent entry of various prison staff members, visitors, and attorneys.