Forming panel for prisoners' release shows govt indulgence: HC

The Bombay High Court on Friday said that the formation of a high-powered committee to release undertrials and prisoners from jails was "indulgence" shown by the state government to avoid crowding in prisons amid the Covid-19 pandemic.

A division bench of Chief Justice Dipankar Datta and Justice N J Jamadar said that not every prisoner can claim the right to be released on temporary bail due to the Covid-19 outbreak.

The court was hearing a petition filed by Preeti Kartick Prasad challenging several orders passed by the by high-powered committee by which prisoners, accused of or convicted for serious offences or under special Acts cannot be released on bail.

The petitioner's husband is lodged in jail and is facing trial under the provisions of the Maharashtra Protection of Interest of Depositors (MPID) Act.

As per the committee's orders, all those prisoners, booked or convicted on charges punishable up to seven years in jail could be released on parole or temporary bail.

The committee, however, said those prisoners either charged or convicted on serious offences like murder or under provisions of special statutes like the Maharashtra Control of Organised Crimes Act (MCOCA), 1999, the Maharashtra Protection of Interest of Depositors (MPID) Act, Unlawful Activities (Prevention) Act (UAPA), Prevention of Money Laundering Act (PMLA) will not be released on temporary bail on account of coronavirus pandemic.

These prisoners will have to approach the concerned courts seeking regular bail, the committee had said.

The petitioner's advocate Samir Vaidya argued that the committee, by categorising and classifying prisoners who can or cannot claim relief, was discriminating.

"There are some provisions under the MPID Act and the MCOCA, which are punishable up to six years or three years. But due to the committees decision persons booked under these provisions cannot seek relief as they are booked under special Acts," Vaidya argued.

The bench on Friday noted that the committee has the power to decide and if as per the panels decision a particular prisoner cannot be released then nothing can be done.

"The setting up of a high-powered committee and releasing prisoners is an indulgence shown by the government to avoid crowding in jails due to the COVID-19 pandemic. If not for this (COVID-19), such indulgence and reliefs would not be extended," Chief Justice Datta said.

The bench posted the petition for further hearing on July 14.