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After the High-Powered Committee submitted its recommendations, the Andhra Pradesh High Court has recently directed the release of all convicts and undertrial prisoners on interim bail of 90 days, who were asked to surrender this year after their release on interim bail last year, amid Covid-19.
A Division Bench of Justices C Praveen Kumar and Lalitha Kanneganti said, “Taking into consideration of the recommendations made by the High Power Committee in its meeting on 12.05.2021 and the order passed by the Division Bench, we not only direct the Principal Secretary, Home Department, to issue directions to the Director General of Police and to Station House Officers of State of Andhra Pradesh to scrupulously follow the directions of the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar referred to above while arresting offenders in relation to the offences punishable with imprisonment for a term which may extend up to 7 years or less but also direct release on interim bail all convicts and undertrial prisoners who have been released on interim bail pursuant to resolution of the HPC on 26.03.2020 and 28.03.2020 and have been re admitted to the prison, unless otherwise they are disqualified.”
They have also directed the release of other convicts and undertrial prisoners who are in custody in connection with offences punishable for a term which may extend up to 7 years or less, and qualified for such release as per the resolutions of the HPC, except those who are either second time offenders or convicted or facing trial for the offence of rape.
“We further direct that the interim bail granted pursuant to this order, shall be for a period of 90 days”, said the Bench. Further, the court held that an undertaking shall be taken before the release of the convict or undertrial prisoner that he/she shall remain in home quarantine, for a period of 14 days under the surveillance of a doctor or the Police, as the case may be, and in case of any violation, the interim bail granted will be cancelled.
The Bench has also requested the Principal Secretary, Home, and the Director General of Prisons to ensure adequate transport facilities to the convicts released, enabling them to return to their respective native places considering the Covid guidelines and the restrictions imposed on the movement by the Government.
The High Court has instructed the Director General of Prisons to upload the prison capacity and occupancy in all the jails in the State of Andhra Pradesh on the website of the Jail Department and to share the data with the Andhra Pradesh State Legal Services Authority (APSLSA) and such data shall also be uploaded on the websites of the APSLSA and the High Court of Andhra Pradesh.
The court has also kept the option open for prisoners who don’t want to be released fearing the virus. “In case of prisoners who are not willing to get themselves released, having regard to the social background and fear of becoming victims of virus, the jail authorities are directed to ensure that proper medical facilities are provided to all prisoners in case of them getting infected with covid”, noted the Bench.
These directions are to remain in force for the next 8 weeks and the matter will be heard after 6 weeks.
The order may be read here:
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