In a far reaching decision affecting freedom of individuals and one that will impinge on already crowded prison conditions, the Supreme Court on Friday directed that all prisoners, who were released on emergency parole by the High Powered Committee during the Covid-19 period based on the orders of the Supreme Court, to surrender within 15 days.
“All those under trial prisoners and convicts who have been released on emergency parole/interim bail pursuant to the recommendations of the High Powered Committee in compliance of the orders passed by this Court have to surrender before the concerned prison authorities within 15 days”, ordered a bench comprising Justices MR Shah and CT Ravikumar.
However, the bench clarified that after the concerned prisoners surrender before the concerned prison authorities, it will be open for the concerned under trials to pray for bail before the competent court and their applications to be considered in accordance with the law. Similarly, after the surrender of concerned convicts released on emergency parole, it will be open for them, if so advised, to pray for suspension of their sentence before the concerned court in their appeals which might have been pending, which is also to be considered in accordance with the law.
The two judge bench bench passed the order in the suo motu case In Re: Contagion of COVID-19 virus in Prisons. In 2020 and 2021, the Supreme Court had passed several orders in the suo motu case during the first and second waves of pandemic for grant of emergency parole to prisoners in order to avoid the overcrowding of prisons. The Court had directed the constitution of High Powered Committees in States comprising of the (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to identify the classes of prisoners who can be granted emergency parole.
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