Decongestion of prisons as per SC directions
Excelsior Correspondent
JAMMU, Apr 1: A High-Powered Committee constituted on the directions of Supreme Court today issued several directions for release of prisoners in order to decongest the jails to contain COVID-19.
The committee with Justice Rajesh Bindal, Executive Chairman J&K State Legal Services Authority as its Chairman with Shaleen Kabra, Principal Secretary to Government, Home Department and V K Singh, Director General of Police(Prisons) J&K as its members deliberated through video conference issued several directions for release of prisoners to de-congest the jails. M K Sharma, Member Secretary, J&K SLSA also attended the conference.
On the basis of the nature of offence, the number of years and severity of the offence, the committee proposed to release convicted prisoners and under-trials falling in various categories.
The committee, as per the official handout, will consider convicted prisoners for release on special parole for eight weeks, extendable for another eight weeks if the lockdown by the Government continues, subject to good conduct.
The committee will consider all those convicted prisoners who have been conceited in one case only and have spent more than ten years (eight years in case of women) in jail, except those involved in militancy related cases, convicted for intermediate or large quantity recovery under NDPS Act or convicted under POCSO Act or convicted for offence for an offence against woman, or convicted for offence of acid attack or foreign nationals.
Similarly, the committee will consider all those who have been sentenced to imprisonment for three years with or without fine and the conviction has been upheld by the Appellate Court but revision against the judgment by Appellate Court is pending before the High Court.
All those who have completed their sentence but are still in prison due to non-payment of fine will also be considered for release on parole besides matters pertaining to prisoners with advanced age, suffering from any illness will be examined on case to case basis.
The under-trial prisoners will be considered for 60 days interim bail, extendable for another period in case the circumstances so demand, on furnishing surety and personal bond.
“All under-trial prisoners with only one case pending against them, in which maximum prescribed sentence is 7 years or less with or without fine and matters pertaining to prisoners with advanced age, suffering from any illness will be examined on case to case basis”, the official handout said.
The under-trial prisoners who were detained under Sections 107, 108, 109 and 151 of CrPC will be considered for release. However, these detainees shall appear before the Magistrate concerned for appropriate orders when the lockdown is over.
Similarly, under-trial prisoners detained for non-payment of maintenance ordered under Section 488/125 CrPC will be considered. However, these detainees shall appear before the court concerned for appropriate orders on the date so fixed.
Likewise, under-trial prisoners detained under the Code of Civil Procedure for not obeying the decree/order of the court will be considered. However, these detainees shall appear before the court concerned for appropriate orders on the date so fixed.
However, all the inmates undergoing trial for intermediate or large quantity recovery under NDPSA Act or under Section 379-B IPC or under POCSO Act or for any crime against woman or for an offence of acid attach will not be considered.
The cases for grant of interim bail shall be dealt with either by the visiting judges in the jails on the bail applications in the jail itself or alternatively by devising a mechanism of routing the bail applications through DLSA to the courts concerned especially for this purpose.
Since the compliance of directions requires relaxation of J&K Suspension of Sentence Rules, 2020, as such, Government has been requested to treat the matter with utmost urgency so that the directions issued by the Apex Court as well as by the High Power Committee are implemented at the earliest.
All the Principal District and Sessions Judges, who are Chairman of district UTRCs of their respective districts have been asked to comply with the directions of High-Powered Committee with regard to under-trial prisoners and submit the report within one week for placing the same before the committee on April 10, 2020.
It has been made clear that the officers in charge of prisons will ensure that all the prisoners who will be released on the recommendation of committee will not be admitted back to prison without requisite screening so that they don’t transmit the virus from the community to the prison.
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