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

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)