The Bombay High Court on Wednesday declined a plea seeking the release of a murder accused from prison amid the COVID-19 pandemic..The plea had been based, not on merits, but on apprehensions that the applicant may contract the disease while in the Taloja prison, where he has been lodged for about a year and a half..Justice GS Patel, however, expressed concern that the situation outside prison is more dire, and that the prisoner’s release may not be conducive to anyone at this time. He orally remarked,.“Have you seen what’s happening in the city? You’re probably better off in jail…you have no idea what is happening in the city… please don’t press this application… this is not an application I can allow like this. You’re putting yourself at risk…”Justice GS Patel.As the counsel continued to urge for release, the judge made it clear,“I’m not releasing him from Taloja...so he can get infected in Ghatkopar…”.In the order subsequently dictated, Justice Patel observed that there was real difficulty in permitting the plea to allow the applicant liberty to move about in several areas, while the city remains under lockdown to curb the spread of COVID-19. Presently, Maharashtra has the highest number of COVID-19 positive cases in the country..The Court went on to observe that the situation is probably better contained and managed within the jail. In doing so, the Justice Patel also clarified that he is mindful of the Supreme Court’s directions to decongest jails (by considering the release of prisoners facing up to 7 years' imprisonment). However, he added that this is surely something that needs to be balanced with the situation faced by large areas of the city today..The Court added that it is not disposing of the application at this stage. Rather, Justice Patel has adjourned the matter while giving the applicant liberty to apply afresh for release once the situation in the city normalises to some extent. .The order was passed on Wednesday afternoon during an open-access video conference hearing held on an experimental basis by the Bombay High Court.
The Bombay High Court on Wednesday declined a plea seeking the release of a murder accused from prison amid the COVID-19 pandemic..The plea had been based, not on merits, but on apprehensions that the applicant may contract the disease while in the Taloja prison, where he has been lodged for about a year and a half..Justice GS Patel, however, expressed concern that the situation outside prison is more dire, and that the prisoner’s release may not be conducive to anyone at this time. He orally remarked,.“Have you seen what’s happening in the city? You’re probably better off in jail…you have no idea what is happening in the city… please don’t press this application… this is not an application I can allow like this. You’re putting yourself at risk…”Justice GS Patel.As the counsel continued to urge for release, the judge made it clear,“I’m not releasing him from Taloja...so he can get infected in Ghatkopar…”.In the order subsequently dictated, Justice Patel observed that there was real difficulty in permitting the plea to allow the applicant liberty to move about in several areas, while the city remains under lockdown to curb the spread of COVID-19. Presently, Maharashtra has the highest number of COVID-19 positive cases in the country..The Court went on to observe that the situation is probably better contained and managed within the jail. In doing so, the Justice Patel also clarified that he is mindful of the Supreme Court’s directions to decongest jails (by considering the release of prisoners facing up to 7 years' imprisonment). However, he added that this is surely something that needs to be balanced with the situation faced by large areas of the city today..The Court added that it is not disposing of the application at this stage. Rather, Justice Patel has adjourned the matter while giving the applicant liberty to apply afresh for release once the situation in the city normalises to some extent. .The order was passed on Wednesday afternoon during an open-access video conference hearing held on an experimental basis by the Bombay High Court.
