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2020 (4) TMI 572

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..... of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum - It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other releva .....

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..... AOR, Mr. Aditya Pratap Singh, Adv., Mr. Ahinav Sekhri, Adv., Mr. Senthil Jagadeesan, AOR, Mr. Ashok Kumar Singh, Adv., Mr. Hussain Mueen Farooq, Adv., Ms. Manju Jetley, AOR, Mohd. Kamran Khan, Adv., Ms. Sudha, Adv., Mr. Ajeet Kumar Sharma, Adv., Mr. Vikas Mahjan, AAG, Mr. Vinod Sharma, AOR, Mr. G. N. Reddy, AOR, Mr. T. Vijaya Bhaskar Reddy, Adv., Mr. M. Shoeb Alam, AOR, Mr. Keshav Mohan, Adv., Mr. Santosh Kumar - I, AOR, Mr. A.P. Mayee, AOR, Ms. K. Enatoli Sema, AOR, Mr. G. Prakash, AOR, Ms. Garima Prashad, AOR, Mr. Avijit Mani Tripathi, AOR, Mr. V.N. Raghupathy, AOR, Mr. Pukhrambam Ramesh Kumar, AOR, Mr. Fuzail Ahmad Ayyubi, AOR, Mr. Shuvodeep Roy, AOR, Mr. Sumeer Sodhi, AOR, Ms. Uttara Babbar, AOR, Mr. Vinay Arora, AOR And Mr. Abhimanyu .....

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..... aff and other service providers, sanitisation and cleanliness exercise of prison campus and wards, supply of masks, barring or limiting of personal visit of visitors to prisoners, suspension of cultural and other group activities, awareness and training with regard to stoppage of transmission of COVID-19 and court hearings through video conferencing among others. Many states have also initiated the process of installing digital thermometers for the purpose of examination of the prisoners, staff and visitors. Some of the States have taken similar measures for Remand Homes as well. In other significant measures the States of Bihar, Karnataka, Maharashtra, Uttar Pradesh, Tripura, Jharkhand, Goa, Kerala, Telangana and UTs of Jammu Kashmir .....

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..... undertrials. Taking into consideration the possibility of outside transmission, we direct that the physical presence of all the undertrial prisoners before the Courts must be stopped forthwith and recourse to video conferencing must be taken for all purposes. Also, the transfer of prisoners from one prison to another for routine reasons must not be resorted except for decongestion to ensure social distancing and medical assistance to an ill prisoner. Also, there should not be any delay in shifting sick person to a Nodal Medical Institution in case of any possibility of infection is seen. We also direct that prison specific readiness and response plans must be developed in consultation with medical experts. Interim guidance on S .....

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..... s for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate. The Undertrial Review Committee contemplated by this Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultati .....

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