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Forward list of female inmates with children to HPC for consideration of release: Gauhati HC to State

The court had earlier asked for information about female inmates lodged in jails across Assam with children

Sabrangindia 24 May 2021

Image Courtesy:eastnews.in

The Gauhati High Court has directed the government to forward the list of female inmates who are jailed with their children, to the High-Power Committee for consideration of their release amid Covid-19.

Chief Justice Sudhanshu Dhulia and Justice Anchintya Malla Bujor Barua were hearing the suo motu matter and directed, “…it would be in the best interest of everyone that this list be forwarded to the said High Powered Committee which shall look into this aspect and examine whether any of the inmates who are in the list can be released under these special circumstances of Covid-19 pandemic (2nd wave).”

The Bench gave the responsibility of releasing certain undertrials/convicted prisoners to the High-Power Committee as they are already seized with the matter and has drawn certain principles on which jail inmates have to be released on temporary bail for three months.

During the previous hearing on May 11, the Bench was given information about female inmates who are lodged in jails across the state with their children. It had recorded, “These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail.”

On May 19, when the matter came up again, the court said, “On enquiry, we have found that these children are not juvenile in conflict with law, but they are in jail since they are less than six years of age and as per the Jail Manual, they are allowed to stay with their mothers who are in jail.”

Noting that these are “strange and difficult circumstances of second wave of Covid-19 pandemic”, the Bench has directed the Registrar (Judicial) to place this list before the High-Powered Committee for a decision to be taken by the Committee.

The matter will be heard on May 28.

The order may be read here: 

Related:

Gauhati HC seeks data on number of children in prisons in Assam
Delhi HC directs tele calling, video calls, Covid vaccination for Tihar jail inmates

Forward list of female inmates with children to HPC for consideration of release: Gauhati HC to State

The court had earlier asked for information about female inmates lodged in jails across Assam with children

Image Courtesy:eastnews.in

The Gauhati High Court has directed the government to forward the list of female inmates who are jailed with their children, to the High-Power Committee for consideration of their release amid Covid-19.

Chief Justice Sudhanshu Dhulia and Justice Anchintya Malla Bujor Barua were hearing the suo motu matter and directed, “…it would be in the best interest of everyone that this list be forwarded to the said High Powered Committee which shall look into this aspect and examine whether any of the inmates who are in the list can be released under these special circumstances of Covid-19 pandemic (2nd wave).”

The Bench gave the responsibility of releasing certain undertrials/convicted prisoners to the High-Power Committee as they are already seized with the matter and has drawn certain principles on which jail inmates have to be released on temporary bail for three months.

During the previous hearing on May 11, the Bench was given information about female inmates who are lodged in jails across the state with their children. It had recorded, “These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail.”

On May 19, when the matter came up again, the court said, “On enquiry, we have found that these children are not juvenile in conflict with law, but they are in jail since they are less than six years of age and as per the Jail Manual, they are allowed to stay with their mothers who are in jail.”

Noting that these are “strange and difficult circumstances of second wave of Covid-19 pandemic”, the Bench has directed the Registrar (Judicial) to place this list before the High-Powered Committee for a decision to be taken by the Committee.

The matter will be heard on May 28.

The order may be read here: 

Related:

Gauhati HC seeks data on number of children in prisons in Assam
Delhi HC directs tele calling, video calls, Covid vaccination for Tihar jail inmates

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