9911796707
TMI Blog2020 (4) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Talha Abdul Rahman, AOR, Mr. Sachin Patil, AOR, Mr. Abhimanyu Tewari, AOR, Mr. Keshav Mohan, Adv., Mr. Santosh Kumar - I, AOR, Mr. Shibashish Misra, AOR, Mr. Tapesh Kumar Singh, AOR, Ms. Garima Prashad, AOR, Ms. G. Indira, AOR, Mr. Raj Bahadur Yadav, AOR, Dr. Monika Gusain, AOR, M/s. PLR Chambers & Co., AOR, Mr. G. Prakash, AOR, Ms. Astha Sharma, AOR, Mr. Nikhil Goel, AOR, Ms. Mukti Chowdhary, AOR, Mr. Narendra Kumar, AOR, M/s. Venkat Palwai Law Associates, AOR, Mr. V. N. Raghupathy, AOR, Mr. M. Yogesh Kanna, AOR, Mr. G. N. Reddy, AOR, Mr. Vinod Sharma, AOR, Mr. Sumeer Sodhi, AOR, Ms. K. Enatoli Sema, AOR ORDER We have heard Mr. Dushyant Dave, learned Amicus Curiae, Mr. K.K. Venugopal, learned Attorney General for India, Mr. Tushar Meh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate." We are informed that the State of Bihar has not found it appropriate to release the prisoners for complete absence of any patient suffering from coronavirus within the prisons and also for the reason that the prisons are not overcrowded. Moreover, even in one case the murder of a prisoner who was "accused" of suffering from coronavirus has been reported. We make it clear that we have not directed the States/ Union Territories to compulsorily release the prisoners from their respective prisons. The purpose of our aforesaid order was to ensure the States/Union Territories to assess the situation in their prisons having regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave considered the rival submissions and we are of the view that in the circumstances, it would be appropriate to issue the following directions: (a) No prisoner shall be released if he/she has suffered from coronavirus disease in communicable form hereafter. For this purpose, appropriate tests will be carried out. (b) If it is found that a prisoner who has been released is suffering from coronavirus after the release, necessary steps will be taken by the concerned authority by placing him/her in appropriate quarantine facility. (c) Transportation shall be done in full compliance of the Rules and Norms of social distancing. For instance, no transportation shall be allowed in excess of half or one fourth capacity of the bus as may be f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his or her address to the specified Police Station on the same day, and (e) A quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal." The only prayer made by the learned counsel is that the period of three years be reduced to one year so that detenues who have completed more than two years may be released, subject to the same conditions laid down by this Court vide order dated 10.05.2019 in Writ Petition (Civil) No.1045 of 2018 except the requirement to furnish a bond in the sum of Rs. 1,00,000/- (Rupe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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