Guidelines issued for limiting arrests to taking care of Covid-19 Patients in order to defeat deadly viruses in overcrowded prisons

Recently the Supreme Court held that India has more than four lakh prison inmates. It is observed that some of the prisons in India are overburdened and are housing inmates beyond optimal capacity. There is a requirement of de-congestion is a matter concerning the health and right to life of both the prison inmates and the police personnel working. Reduction of the impact of Covid-19 requires the Supreme Court to effectively calibrate concerns of the criminal justice system, health hazards and rights of the accused. From limiting arrests to taking care of Covid-19 Patients, there is a requirement for effective management of pandemics from within the prison walls to defeat this deadly virus. Supreme Court, being the sentinel on the quiver of the fundamental rights, needs to strictly control and limit the authorities from arresting accused in contravention of guidelines laid down by the Supreme Court i.e. police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically. High-Powered Committees constituted by the State Governments/Union Territories shall consider the release of prisoners by adopting the guidelines (such as, inter alia, SOP laid down by NALSA) followed by them last year, at the earliest. Such States which have not constituted High Powered Committees last year are directed to do so immediately. Commissioner of Police Delhi shall also be a member of the High-Powered Committee, Delhi. The High-Powered Committee, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier according to an order of Supreme Court 23.03.2020, by imposing appropriate conditions. Such an exercise is mandated to save valuable time. Those inmates who were granted parole, according to our earlier orders, should be again granted parole for a period of 90 days to tide over the pandemic. Moreover, all the decisions of High-Powered Committees need to be published on respective State Legal Service Authorities/State Governments/High Courts websites to enable the effective dissemination of information. Some prisoners might not be willing to be released because of their social background and the fear of becoming victims of the deadly virus. In such extraordinary cases, the authorities are directed to be considerate of the concerns of the inmates. The authorities are directed to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The spread of the 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. Appropriate steps shall be taken for transportation of the released inmates of the prisons, if necessary, because of the curfews and lockdown in some States. Appearing counsel: Mr. Colin Gonsalves