The state government of Tamil Nadu informed the High court about decongesting of 4182 prisoners (involving various cases) on bail amidst Corona pandemic. The prisoners were released by Principal District Judges with the consultation of Undertrial Review Committee and Tamil Nadu State Legal Service Authorities.
The information was passed to bench of Justices N. Kirubakaran and R. Hemalatha seeking a direction to the government to constitute a High powered committee to determine the class of inmates to be released on parole or interim bail.
The following recommendations were given by the High power committee including Executive Chairman of the Tamil Nadu State Legal Services Authority, Additional Chief Secretary, and Director General of Police/IG of Prisoners under the chairmanship of Justice Vineet Kothari (HC judge):
- “To consider relaxing the procedure prescribed in Tamil Nadu Suspension of sentence Rules, 1982 in respect of sanction of ordinary leave for more than a month, including other requirements while sanctioning leave for 30 days for the convict prisoners.
- Leave of prisoners who are already out of prison on ordinary, emergency and leave granted by the Court may be extended upto 30.04.2020.
- Prison Department should ensure that the safety of prisoners who are released on leave/bail to reach their destination safely in view of the 144 prohibition orders due to COVID-19.
- To shift the under trial prisoners from Central PrisonII, Puzhal to Central Prison-I, depending on the need for decongestion.
- The 3 Principal District Judges of Chennai, Tiruvallur and Kancheepuram are requested to visit the Central Prison-II, Puzhal to assess the possibilities for grant of bail to t to assess the possibilities for grant of bail to the above prisoners to further decongest in the Central Prison-II, Puzhal.
- As a measure of precaution food may also be provided to the inmates inside the dormitories. Prisoners of foreign nationals who have a travel history t to the affected countries should be admitted into the prisons only after through screening adhering to the COVID-19 parameters.”
On 23 March, Justice S A Bobde directed all the state and union territories to release the prisoners on parole for four to six week and emphasized on releasing the prisoners having term of seven years in jail for decongesting.
The present petitioner V. Krishnamurthy approached High court for enforcement of the same. A bench of Justice Vineet Kothari and Jutice R. Suresh Kumar submitted that the court has duly acted on the direction of the Supreme court.
The Union territory of Puducherry has also released 85 prisoners on interim bail and further a committee comprising of Executive Chairman of Union Territory of Puducherry Legal Services Authority (UTPLSA), Principal Secretary, and Inspector General of Prison has been set up to discuss upon further related and additional matters.
Read the order here
