SC asks why people not released from prison despite recommendations

The Supreme Court on Tuesday asked the states of Madhya Pradesh, Maharashtra and Uttar Pradesh to file an affidavit within 10 days, explaining why they did not release the jail inmates despite recommendations.

A bench of Justices Madan B Lokur and Deepak Gupta termed as “shocking state of afffairs” after the National Legal Services Authority (NALSA) filed an affidavit to the court.

“We find it necessary to give only ten days since the affidavit filed by NALSA indicates that a very large number of persons are still in prison in complete violation of their rights under Article 21 of the Constitution. This situation simply cannot be accepted,” the bench said.

The court was hearing a suo motu matter, concerning to prison conditions.

The bench warned that no extension of time will not be granted and the court may summon the Chief Secretary of these three states if there is no satisfactory answer about why persons are not being released in spite of the recommendations made.

The court asked why its judgement to comply with the recommendations of the Member Secretary of the District Legal Services Authority and the Under Trial Review Committee, comprising the District Judge, the Superintendent of Police as well as the District Magistrate, were not being accepted and why persons are not released.

The court also sought explanation why in certain instances more people than those recommended were released from prisons and put the matter for consideration on October 31.