Medha Patkar moves SC against Maharashtra govt's decision of not releasing prisoners

Activist Medha Patkar has moved the Supreme Court against the decision of Maharashtra government's high-powered committee of not releasing a large number of people arrested or convicted under the special laws from prisons due to Covid-19 pandemic.

A bench presided over by Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian would consider the matter on Monday.

In a special leave petition, Patkar, along with the National Alliance for People's Movement challenged the validity of the Bombay HC's August 5 order upholding the decision on the classification of prisoners for temporary parole as well as interim bail.

The petition filed by advocate Vipin Nair asked the court to direct the high-powered committee to reconsider the cases of 17,642 undertrial prisoners and 11,000 convicted persons lodged in Maharashtra jails pending final hearing of the matter, for temporary release on interim bail and emergency parole, respectively.

On March 23, the top court took suo motu notice of the necessity of maintaining social distancing in the prisons amid Covid-19 pandemic and directed the states to constitute a high-powered committee so as to release the prisoners on interim bail or emergency parole.

The panel in Maharashtra decided that those who are accused or convicted of offences punishable with imprisonment of seven years or less shall be released on interim bail or emergency parole.

However, it said that same is not applicable for the prisoners who are accused of or convicted for offences under the Special Acts like MCOCA, PMLA, NDPS, UAPA etc or the serious economic offences.