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2021 (5) TMI 987 - SUPREME COURTSeeking release of prisoners on interim bail/parole based upon the situation in the concerned State - prevailing COVID-19 situation - seeking direction to State Legal Service Authorities to strictly adhere to the Standard Operating Procedures of National Legal Service Authorities on the functioning of the Undertrial Review Committees - seeking direction to High Powered Committees/ High Courts to identify and release the vulnerable categories of prisoners on an urgent basis - seeking direction to DG Prisons to publish the prisonwise occupancy rates of UTPs/ Convicts/Detenues on their website monthly - seeking direction to High Powered Committees / monitoring teams to prioritise healthcare in prisons and scrutinise the prisonspecific readiness and response plans as directed by this Hon'ble Court - seeking direction to State Governments/ Union Territories to undertake a vaccination drive in the prisons across their respective States/ Union Territories. HELD THAT:- This Court, being the sentinel on the qui vive of the fundamental rights, needs to strictly control and limit the authorities from arresting accused in contravention of guidelines laid down by this Court in ARNESH KUMAR VERSUS STATE OF BIHAR & ANR [2014 (7) TMI 1143 - SUPREME COURT] - the rapid proliferation of the virus amongst the inmates of congested prisons is a matter of serious concern. The High Powered Committees constituted by the State Governments/Union Territories shall consider release of prisoners by adopting the guidelines (such as inter alia, SOP laid down by NALSA) followed by them last year, at the earliest. Such of those States which have not constituted High Powered Committees last year are directed to do so immediately. Commissioner of Police Delhi shall also be a member of the High Powered Committee, Delhi. Due to the immediate concern of the raging pandemic, this court has to address the issue of decongestion - the High Powered Committee, in addition to considering fresh release, should forthwith release all the inmates who had been released earlier pursuant to our order 23.03.2020, by imposing appropriate conditions. Such an exercise is mandated in order to save valuable time. It is directed that those inmates who were granted parole, pursuant to our earlier orders, should be again granted a parole for a period of 90 days in order to tide over the pandemic - lastly, the fight against the pandemic is greatly benefitted by transparent administration. In this regard, our attention was drawn to example of Delhi, wherein the prison occupancy is updated in websites. Such measures are required to be considered by other States and should be adopted as good practice. Overcrowding of prisons is a phenomenon, plaguing several countries including India. Some prisoners might not be willing to be released in view of their social background and the fear of becoming victims of the deadly virus. In such extraordinary cases, the authorities are directed to be considerate to the concerns of the inmates. The authorities are directed to ensure that proper medical facilities are provided to all prisoners who are imprisoned. The spread of Covid19 virus should be controlled in the prisons by regular testing being done of the prisoners but also the jail staff and immediate treatment should be made available to the inmates and the staff. It is necessary to maintain levels of daily hygiene and sanitation required to be improved. Suitable precautions shall be taken to prevent the transmission of the deadly virus amongst the inmates of prisons. Appropriate steps shall be taken for transportation of the released inmates of the prisons, if necessary, in view of the curfews and lockdown in some States. Application allowed.
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