[COVID-19] Need uniform guidelines for States/ UTs on release of prisoners; Supreme Court calls for report on norms followed for release

The Supreme Court today called for a report detailing the norms followed while releasing prisoners from jail amid the COVID-19 pandemic..A Bench of Chief Justice of India NV Ramana and Justices L Nageswara Rao and AS Bopanna also opined that uniform guidelines should be put in place for all States to govern such release of prisoners. The Court was told on Friday that the Central government has no objection to the extension of the Court's earlier orders calling for release of prisoners to decongest jails during the pandemic..Amicus Curiae in the matter, Senior Advocate Dushyant Dave submitted that suo motu cognizance was taken by the Court on March 16 last year. By its order, the Court directed that all prisoners or undertrials in cases punishable with imprisonment of 7 years or less be released forthwith to prevent overcrowding in jails."It was noted that there are 4 lakh prison inmates and jails are overcrowded and decongestion is needed to protect the right to health of the accused during COVID-19," Dave said.He also referred to the May 7, 2021 of the apex court on release of prisoners..When Dave said that he was not aware of the parameters adopted by High Powered Committees (HPCs) set up by the States and Union Territories, CJI Ramana replied,"I am not able to gauge how this order is implemented. There is a need to frame uniform guidelines to be adopted by all States.".Dave further submitted that given the impending third wave of the pandemic, prisoners should be released again.Appearing for the Central government, Solicitor General Tushar Mehta said in response,"Government does not have any objection if the earlier orders are extended.".The Court ultimately ordered,"We think it fit to direct Secretary of National Legal Services Authority (NALSA) and states to submit a report stating norms followed in releasing prisoners. Issues of why appeals by prisoners seeking release was not entertained to be clarified.".It went on to direct the Secretary of NALSA to submit this report by next Friday. In the meanwhile, it was directed that prisoners who have been released should not be asked to surrender..The matter will be next heard on August 3..The Court had earlier ordered release of prisoners across the country who were released last year due to the COVID-19 pandemic and subsequently re-imprisoned after the situation improved..It had directed the High Powered Committees (HPC) constituted by the state governments/union territories to immediately free such prisoners temporarily.Besides such prisoners, the HPCs should also consider fresh release by adopting the guidelines laid down by the National Legal Services Authority, at the earliest, the Court had ordered..Those States which have not constituted HPCs last year were also directed to constitute the same at the earliest. .The following directions were issued by the Court in its May 8, 2021, order:- Strictly control and limit the authorities from arresting accused in contravention of guidelines laid down by this Court in Arnesh Kumar v. State of Bihar during pandemic;- The High Powered Committees constituted by the state governments/union territories shall consider release of prisoners by adopting the guidelines followed by them last year, at the earliest;- High Powered Committee, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier pursuant to our order March 23, 2020, by imposing appropriate conditions. Such an exercise is mandated in order to save valuable time;- Those inmates who were granted parole pursuant to the Court’s earlier orders, should be again granted a parole for a period of 90 days in order to tide over the pandemic;- The fight against the pandemic is greatly benefitted by transparent administration. In this regard, our attention was drawn to example of Delhi, wherein the prison occupancy is updated in websites. Such measures are required to be considered by other states and should be adopted as good practice;- All the decisions of High Powered Committees need to be published on respective State Legal Service Authorities/State Governments/High Courts websites in order to enable effective dissemination of information;- Appropriate steps shall be taken for transportation of the released inmates of the prisons, if necessary, in view of the curfews and lockdown in some states;-The spread of COVID-19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail staff and immediate treatment should be made available to the inmates and the staff;- It is necessary to maintain levels of daily hygiene and sanitation required to be improved. Suitable precautions shall be taken to prevent the transmission of the deadly virus amongst the inmates of prisons..[BREAKING] Supreme Court orders re-release of all eligible prisoners to prevent COVID-19 spread in prisons.(Read order)