TMI Blog2021 (5) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrol 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /AG, Meghalaya, Mr. Avijit Mani Tripathi, AOR, Mr. Shaurya Sahay, Adv., Mr. Upendra Mishra, Adv., Mr. P.S. Negi, Adv., Mr. Nikhil Goel, AOR, Mr. Krishnanand Pandeya, AOR, Mr. Arun R. Pedneker, Adv., Ms. Mukti Chowdhary, AOR, Mr. Soumya Chakraborty, Sr. Adv., Mr. Sanjai Kumar Pathak, AOR, Mr. Arvind Kumar Tripathi, Adv., Ms. Shashi Pathak, Adv., Mr. Harmeet Singh Ruprah, AOR, Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Narendra Kumar, AOR, Mr. Anupam Raina, AOR, Mr. P. Venkat Reddy, Adv., Mr. Prashant Tyagi, Adv., Mr. P. Srinivas Reddy, Adv., For M/s. Venkat Palwai Law Associates, AOR, Ms. Binu Tamta, AOR, Ms. Supriya Juneja, AOR, Mr. Shuvodeep Roy, AOR, Mr. Arjun Garg, AOR, Mr. Aakash Nandolia, Adv., Ms. Shrutika Garg, Adv., Mr. Milind Kumar, AOR, Mr. Sibo Sankar Mishra, AOR, Mr. Kanhaiya Singhal, AOR, Mr. Prasanna, Adv., Mr. Chetan Bhardwaj, Adv., Mr. Vikas Mahajan, AAG, HP,Mr. Vidit Anand, Adv., Mr. Anil Kumar, Adv., Mr. Vinod Sharma, AOR, Mr. Surinder Singh Manak, Adv., Ms. Aruna Mathur, AOR, Mr. Avneesh Arputham, Adv., Mr. Apoorv Kurup, AOR, Ms. Nidhi Mittal, Adv., Mr. S.C. Verma, AG, Mr. Sumeer Sodhi, AOR, Mr. Saurabh Ajay Gupta, Adv., Mr. Manoj Kumar Singh, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of risk of virus spreading in prisons and recommend release of prisoners on interim bail/parole based upon the situation in the concerned State. ii. Pass an order directing the 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 as adopted vide order dated 04.12.2018 in WP(C) 406 of 2013 in ReInhuman Conditions in 1382 Prisons by this Hon'ble Court. iii. Pass an order directing the High Powered Committees/ High Courts to identify and release the vulnerable categories of prisoners on an urgent basis. iv. Pass an order directing the High Powered Committees / State Legal Services Authorities to periodically monitor the prisonwise occupancy rates in their respective States, and give a report of the same to this Hon'ble Court of the prison occupancy as on 31st March, 2021, and the prospective increase in occupancy rate on a monthly basis, in the format as annexed in Annexure A9. v. Pass an order directing the DG Prisons to publish the prisonwise occupancy rates of UTPs/ Convicts/Detenues on their website monthly. vi. Pass an order di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeks has resulted in a steep spike in the number of people who are affected by Covid19. In the present situation there is a serious concern about the spread of Covid19 in overcrowded prisons where there is lack of proper sanitation, hygiene and medical facilities. 6. Mr. Colin Gonsalves, learned Senior Counsel appearing for the Applicant submitted that the High Powered Committees which have been constituted pursuant to the orders passed by this Court on 25.03.2020 should be directed to release all those prisoners who have been released last year on regular bail. Such of those inmates who have been granted parole last year should be granted 90 days parole by this Court. He requested that all orders of the HighPowered Committees shall be put on the website of the Governments. Mr. Gonsalves argued that the Standard Operating Procedure (SOP) formulated by the National Legal Services Authority for release of prisoners should be taken into account by the HighPowered Committees. 7. The learned Attorney General submitted that prisons need to be decongested by release of some prisoners in view of the grim situation. He submitted that the HighPowered Committees may be permitted to adop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.3. The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention; 11.4. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention; 11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing; 11.6. Notice of appearance in terms of Section 41A CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing; 11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to ..... 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