Custodial Death | Pendency Of Criminal Trial No Bar For Awarding Compensation Under Public Law Remedy: Gauhati High Court Suit For Possession Under Section 6 Specific Relief Act Barred If Filed Beyond Six Months Of Dispossession: Madras High Court Subsequent Purchaser Is Representative Of Judgment Debtor, Separate Suit Challenging Execution Sale Barred Under Section 47 CPC: Kerala High Court Statutory Bail Restrictions Melt Down When Pre-Trial Detention Is Prolonged & Trial Is Unlikely To Conclude Soon: Delhi High Court Failure To Apprise Accused Of Right Under Section 50 NDPS Act Vitiates Search & Recovery: J&K & Ladakh High Court Section 12(5) Arbitration Act Inapplicable To Proceedings Commenced Before 2015 Amendment; Executing Court Can't Apply Neutrality Norms Retrospectively: Punjab & Haryana High Court Banks Can Share Sale Proceeds Of Secured Assets Outside Liquidation Estate With Homebuyers Under Compromise Agreement: Kerala High Court Private Rights Must Yield To Public Interest: Andhra Pradesh High Court Directs Removal Of Encroachments On Public Road Review Jurisdiction Cannot Be Invoked To Re-Agitate Factual Disputes Or Seek Re-Hearing On Merits: Allahabad High Court Recovery Under Section 27 Evidence Act Vitiated If Police Already Present At Spot Before Arrival Of Panch Witnesses: Bombay High Court Mere Non-Compliance Or Delay In Procedure Under Section 52A NDPS Act Is An Irregularity, Not An Illegality Entitling Accused To Bail: Calcutta High Court Recovery Of Weapon Used In Commission Of Offence Not A Sine Qua Non For Conviction If Ocular Evidence Is Corroborated: Allahabad High Court Seized Vehicles Shouldn't Be Kept Idle To Rot In Police Stations, Utility Vanishes Due To Stagnation: Karnataka High Court Or 39 CPC | Trial Court Erred In Dismissing Injunction Application Despite Respondent's 'No Objection' To Restraining Share Transfer: Gauhati High Court Issuing NBW Merely For Absence Of Accused Already On Bail Is Improper; Liberty Cannot Be Dealt With Lightly: Orissa High Court 138 NI | Expert Examination Of Disputed Documents Essential For Just Adjudication If Complainant Denies Handwriting & Signatures: Rajasthan High Court Order 41 Rule 27 CPC Cannot Be Invoked To Fill Lacunae In Evidence If Party Voluntarily Closed Evidence In Trial Court: Delhi High Court

Undertrial prisoners and convicts released during COVID-19 pandemic on parole or interim bail must surrender : Supreme Court

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India has issued a judgment in a case related to the release of prisoners on emergency parole or interim bail due to the COVID-19 pandemic. The Director General (Prisons), New Delhi had filed a petition seeking directions for the surrender of such prisoners/inmates who were released on Emergency Parole or interim bail pursuant to the recommendations of the High-Powered Committee, in compliance with the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by the Supreme Court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.

Ms. Aishwarya Bhati, learned ASG appearing on behalf of the applicant, submitted that a High-Powered Committee was constituted in Delhi to determine the category of prisoners i.e. convicts and under-trial prisoners for being released on Emergency Parole and Interim Bail. In 1st phase in 2020, a total of 4683 (1184 convicts and 3499 under-trial) prisoners were released. Thereafter, looking at the unprecedented surge in COVID-19 cases during the second wave, the High-Powered Committee granted parole of 90 days to all the inmates who had been released pursuant to the order dated 23.03.2020 subject to the imposition of appropriate conditions. In compliance of the order dated 07.05.2021 passed by the Supreme Court, a total of 3630 under trial prisoners and 751 convicts were released on interim bail or emergency parole till date in terms of the Orders passed by the Supreme Court.

Ms. Bhati further pointed out that out of total 751 convicts who were released on emergency parole, 71 convicts have surrendered voluntarily till date; similarly out of 3630 under-trial prisoners who were released on interim bail on the basis of criteria laid down by High-Powered Committee, 267 undertrials have surrendered in Jail with the order of Court. The number of convicts who are still on emergency parole is 680 and number of undertrial who are still on interim bail is 3365.

The Supreme Court allowed the present application with the direction that all those under trials/convicts who have been released on Emergency Parole/Interim Bail pursuant to the recommendation of the High-Powered Committee, in compliance of the Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020 have to surrender before the concerned prison authorities within 15 days.

The Court observed that after the concerned prisoners/inmates surrender before the concerned prison authorities, it will be open for the concerned undertrials to pray for bail before the competent court and their applications will be considered in accordance with law and on its own merits. The Supreme Court allowed the present application by the Director General (Prisons), New Delhi seeking appropriate directions for surrender of prisoners/inmates who had been released on Emergency Parole or Interim Bail pursuant to the recommendation of the High-Powered Committee, in compliance with the orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by the court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized. All the undertrial prisoners/convicts were released on interim bail/emergency parole due to the overcrowding in the prisons and to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons. As the situation has now normalized, all those prisoners/inmates/undertrial prisoners/convicts who are/were released on emergency parole/interim bail have to surrender before the concerned prison authorities within 15 days. The concerned jail authorities must inform the concerned Accused/inmates about the order. After the concerned prisoners/inmates surrender before the concerned prison authorities, it will be open for the concerned undertrials to pray for bail before the competent court and their applications will be considered in accordance with law and on its own merits. Similarly, after the surrender by the concerned convicts who are released on Emergency Parole, it will be open for them to pray for suspension of sentence before the concerned Court in their appeals which might have been pending which also may be considered in accordance with law and/or on merits.

In Re: Contagion of Covid-19 Virus in Prisons And Director General (Prisons)

Latest Legal News