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:

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Delhi HC directs tele calling, video calls, Covid vaccination for Tihar jail inmates

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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.

Related:

J&K: HPC directs provision of legal aid to inmates eligible for temporary bail, parole
Maharashtra: HPC directs re-release of prisoners amid Covid-19
SC orders re-release of prisoners from jail amid Covid-19 surge

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