Don't make released prisoners surrender, SC asks states

The Supreme Court on Friday ordered that all prisoners, released by the High-Powered Committee (HPC) of various state governments following its directions in May last year, shouldn't be asked to surrender until further orders.

Following the unprecedented Covid-19 crisis prevailing in the country, the top court had then passed a slew of directions to decongest prisons and ordered forthwith release of all those prisoners who were granted bail or parole last year due to the pandemic.

Taking up the matter on Friday, a bench presided over by Chief Justice N V Ramana also directed all states to submit a report by next Friday detailing the criteria adopted by the HPCs to release prisoners on emergency parole.

The bench, also comprising Justices Nageswara Rao and A S Bopanna, noted that there were no uniform criteria adopted across the States.

It asked the states to explain if they have considered factors like age, and comorbidities in granting parole.

Amicus curiae in the matter, senior advocate Dushyant Dave submitted that suo motu cognisance was taken by the court on March 16 last year. He added that the court had directed all prisoners or undertrials in cases punishable with imprisonment of 7 years or less be released forthwith to prevent overcrowding in jails.

He said jails are overcrowded due to four lakh prison inmates. Decongestion was needed to protect the right to health of the accused amid the pandemic.

Dave claimed there was no information available on how the top court's order was implemented by different states.

Appearing for the Centre, Solicitor General Tushar Mehta submitted the government does not have any objection if the earlier orders are extended.

The bench noted that states should also explain if prisoners whose appeals are pending in higher courts were also considered for release by HPCs.

"We think it fit to direct Secretary of National Legal Services Authority (NALSA) and states to submit a report stating norms followed in releasing prisoners. Issues of why appeals by prisoners seeking release was not entertained to be clarified," the bench said in its order.

The court fixed the matter for consideration on August 3.

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