[Coronavirus] Karnataka HC to hear PIL calling for necessary steps to decongest prisons, avoid frivolous arrests

A Public Interest Litigation (PIL) has been moved before the Karnataka High Court urging to take necessary steps to decongest all prisons in the State in order to guard against the spread of the Novel Coronavirus (COVID-19) in line with the Supreme Court's directive on the same. .The plea filed by Advocate Shridhar Prabhu further seeks to ensure that the no arrests and detentions are carried out unless they are absolutely necessary. .The petitioner states that more arrests and detentions would only aggravate the situation by causing more overcrowding in prisons.."While it is true that assembly of persons has to be prevented and deterred at this juncture, however, indiscriminate arrests and detentions would result in extreme hardship to citizens, besides being counterproductive. More arrests and detentions will result in congestion of prisons and police stations, making the arrested persons as well as the police personnel vulnerable to COVID-19 pandemic."PIL petitioner.Further, it was highlighted that if arrests were made on the basis of frivolous and unjustified reasons, the prisons would continue to be overcrowded, thus, increasing the risks of the virus pandemic.The petition further points out that,."... it is not in dispute that social distancing is one of the most important ways of controlling the spread of COVID-19; however, in a vast nation like ours marred by poverty and inequities, the vulnerable sections of society have to step out for earning their livelihood or to procure essential supplies. Such people will be risking their life and personal liberty. In case of arrests, such persons will not be able access justice to secure their release.".Even if arrests are made, Article 20(3) must be followed in letter and spirit, the petitioner prays..The petitioner has also pointed out that the High Courts of Kerala and Andhra Pradesh have already issued directions within their respective jurisdictions to comply with the the Supreme Court order passed on March 23 to decongest prisons amidst the COVID-19 pandemic. The PIL essentially states that it is imperative for such directions to be passed for the state of Karnataka as well..Apart from prisons, even places of safety and observation homes have to be kept decongested, the petition urges. It is added that "In fact, these places, which are essentially group spaces are extremely vulnerable and there are high chances of spread of the disease.".The petition is expected to be taken up via video conferencing on March 30, Monday..[Read petition here]