Delhi High Court seeks response from Centre, Delhi govt in PIL to temporarily release inmates from jails to control COVID-19 spread

The Delhi High Court today issued notice in a public interest litigation seeking temporary release of inmates from jails in the city in the wake of COVID-19 crisis. (Shobha Gupta vs UOI &Ors).Response from Central government, Delhi government, Delhi Police and Director General (Prisons) was called by a Division Bench of Chief Justice DN Patel and Justice Jasmeet Singh..The petitioners are two Advocates, Shobha Gupta and Rajesh Sachdeva, and one law student, Sanskritit Gupta. Highlighting that the present COVID-19 wave was more dangerous and spread faster, the Petitioners have stated that overcrowding was an endemic crisis of its own in prisons..Relying on media reports, the Petitioners have claimed, "In Tihar Jail, 190 inmates and 304 prison staff have tested positive for ‘coronavirus’. That out of the abovementioned 67 inmates, 7 prison officials are still undergoing treatment and two inmates have died because of the deadly ‘coronavirus’. That out of the said 67 inmates 35 have been hospitalized and one prison doctor is among the 7 jail officials to have been undergoing treatment for the ‘coronavirus’.".In line with the measures taken last year to decongest jails, the Petitioners have argued that some drastic measures must be taken once again. .The Petitioners have thus urged that prisoners above the age of 30 years, those who are not medically fit, those undergoing imprisonment for petty and minor offences be released on interim bail or parole as an interim measure to prevent the spread and fatality caused by COVID-19.."..there is no good in conducting a trial of an accused persons who is not alive. That the circumstances created by the disease have created a havoc all across the globe and in these circumstances the balance of convenience lies in temporary release of individuals.", the petition reads. .It is also prayed that the police be directed to not arrest accused persons not involved in violent crimes without the order of the court..The matter would be heard next on May 4.