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Ineligible for Covid bail, undertrial moves SC against Uttarakhand HPC’s rule

Wed, 19 May 2021 08:13:27 +0000

Image Courtesy:newindianexpress.com

An undertrial prisoner in Uttarakhand jail has moved the Supreme Court against the decision of the State’s High-Power Committee (HPC) stating that it denies the benefit of parole to undertrials who are charged with offences punishable with more than 7 years’ imprisonment.

LiveLaw reported that this plea moved by one Anil Saini through Advocate Rishi Malhotra is violative of Article 21 as the HPC’s decision equates undertrials with convicts which is an “incorrect way to consider the cases of prisoners on parole as quite obvious an undertrial is presumed to be innocent till he is proven guilty by a trial court.”

His plea further states that despite the Supreme Court’s clear instructions to decongest prisons, the Uttarakhand HPC decided that those facing charges for offences that carry a sentence for more than 7 years will not be entitled for interim parole in view of the pandemic. It reads, “The fallacy is that no one knows what would be the fate of his trial and even if it is to be assumed that petitioner is convicted, then still it is uncertain about how many sentences the trial court may award.”

The plea also reportedly prays for a direction to be given to Uttarakhand’s HPC to pass immediate necessary orders for releasing him on parole as directed by the Supreme Court. According to a SabrangIndia report, the top court had ordered the re-release of all prisoners across the country who were released last year due to the pandemic and were subsequently asked to surrender in view of better conditions.

Additionally, it had directed the HPCs constituted by the State Governments/Union Territories to consider the release of prisoners by adopting the guidelines followed by them last year.

Anil Saini has been an undertrial and is in judicial custody since September 29, and has already undergone a few months of his actual sentence. As per a Bar & Bench report, his plea also avers that based on the Supreme Court directions, the HPC, Uttarakhand was constituted which adopted the parameters that except in few matters, in all other offences relating to convicts/undertrials, the benefit of the Supreme court orders may be given.

He also points out that the parameters adopted by the HPCs of Delhi and Haryana are different, under which there is no bar on undertrials to avail the benefit of the Supreme Court order.

Recently, following the Supreme Court order, Maharashtra’s HPC directed the re-release of all prisoners who were granted temporary bail last year. It also directed that all 12,571 pending interim bail applications will be decided before May 20. Further, 3,182 prisoners’ who had their interim bail pleas rejected are now eligible to re-apply for bail.

The Jammu and Kashmir High Powered Committee (HPC) has passed similar directions, on May 17, for releasing prisoners except those involved in militancy related cases and other serious crimes.

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Covid-19: Gauhati HC extends Covid bail till May 31

Tue, 11 May 2021 07:28:57 +0000

Image Courtesy:livelaw.in

In the suo motu public interest litigation (PIL) on Covid-19 management, the Gauhati High Court has extended the period of temporary bail till May 31 for all accused/undertrials who were out on bail and would have had to surrender between April 19 and June 1. This decision has been taken to break the chain of transmission.

The three-judge Bench of Chief Justice Sudhanshu Dhulia, Justices Kotiswar Singh and Manash Ranjan Pathak said, “We also direct that in all cases where the accused/ convict is on an interim bail, short term bail, or anticipatory bail which expires meanwhile (i.e., before April 19, 2021 to June 1, 2021), he/she may not surrender and his/her bail orders shall be effective till May 31, 2021, with all the other conditions stipulated in the order.”

In view of the pandemic, the Bench also decided that all interim orders of the court and subordinate Tribunals will stand extended till June 1. Further, all orders for eviction, dispossession or demolition will remain suspended “subject to any specific orders which may be passed in a given case”.

The High Court also expressed its grief over the current situation. “Our country and in fact the entire world are facing the worst pandemic in our living memory. The second wave of this pandemic, i.e., Covid-19, has been many times more severe and devastating than the first. It has crippled our daily life. Like many other institutions, the judiciary is also battling with this crisis, and trying new means and methods to keep the Courts functional under these strange and difficult times”, read the order.

In order to decongest prisons, the High Court also revived its suo moto case filed last year in the light of pandemic and has sought details on the number of children in prisons across the state.

On April 29, the bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the state government to inform the court on the number of jails, the inmates in these jail and number of inmates infected by Covid as also the measures taken by jail authorities in this regard.

The court is also seized with the matter of immunising all prisoners who are allegedly not being vaccinated against Covid-19.

This matter will be heard on May 31.

The order may be read here:

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SC extends Covid bail for Chhattisgarh prisoners

Thu, 31 Dec 2020 06:59:10 +0000

The Supreme Court Bench of Justices Indira Banerjee and Aniruddha Bose has extended the time to surrender for prisoners in Chhattisgarh who were released on interim bail or parole as per the directions of the High-Powered Committee to decongest prisons during the pandemic.

The Bench was listening to a Special Leave petition filed by an aggrieved prisoner challenging the order of the Chhattisgarh High Court that refused to extend the time beyond December 31.

The petitioner was represented by Senior Advocate Dr. Colin Gonsalves, Ankita Wilson, Harini Raghupathy and Satya Mitra (AOR).

The Court extended the time to surrender till January 6, 2021 or until further orders of the court. “Issue notice, returnable on 05.01.2021 (January 5) before the appropriate Bench. Time to surrender is extended till 06.01.2021 (January 6) or until further orders of this Court”, it noted.

According to LiveLaw, on September 30, the Chhattisgarh High Court directed that the 5,500 prisoners who were given interim bail/parole as per the recommendations of the HPC should surrender by December 1. A group of prisoners sought an extension of time to surrender citing the rising cases of COVID19 in the state.

The High Court of Chhattisgarh, on December 1, observed that further extension of interim bail or parole was not necessary as courts have started physical hearings. Therefore, the High Court observed that the parties can approach the appropriate court by way of appropriate proceedings seeking extension of time to surrender. However, the Court granted a “breathing time” of one month for the prisoners to enable them to file such applications before the concerned courts.

Chief Justice PR Ramachandra Menon and Justice Parth Prateem Sahu had noted, “We do not find necessary to continue the extension of the interim order anymore, except for giving breathing time by a further period of one month from today so as to facilitate all the parties concerned move the appropriate Court/forum by way of appropriate proceedings.”

In lieu of this extended time, the petitioner filed an urgent application for listing the petition seeking extension. But on December 21, the request for urgent listing of the application before the appropriate bench was turned down.

Thereafter, he filed a fresh Special Leave Petition in the Supreme Court contending that there was overcrowding in Chhattisgarh prisons by 150% and without making conscious efforts to decongest prisons, the High Court committed a “paramount mistake” by ordering the surrender of released prisoners by December 31, as reported by LiveLaw.

The matter will now be heard on January 5, 2021.

The order may be read here:

SC stays Delhi HC order refusing to extend bail of inmates

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