Decongestion of jails to contain COVID-19 pandemic
*Justice Bindal-led panel to consider more cases
Mohinder Verma
JAMMU, Apr 13: Over 150 convicts, under-trial prisoners and Public Safety Act (PSA) detainees have so far been released from different prisons in the Union Territory of Jammu and Kashmir in order to decongest the jails to contain Novel Coronavirus (COVID-19).
The directions for release of these convicts, under-trials and PSA detainees were issued by a High-Powered Committee headed by Justice Rajesh Bindal, Judge of the common High Court for Union Territory of Jammu and Kashmir and Union Territory of Ladakh and comprised of Shaleen Kabra, Principal Secretary to Government, Home Department and V K Singh, Director General of Police (Prisons).
The committee was constituted in pursuance to the directions passed by a bench of Supreme Court headed by Chief Justice of India Justice S A Bobde, which on March 23, 2020 ordered all the States and Union Territories to set-up high level panels which would consider releasing convicts and under-trials prisoners in order to decongest the prisons to contain COVID-19 outbreak.
Reliable sources told EXCELSIOR that High-Powered Committee led by Justice Bindal, who is also Executive Chairman of Jammu and Kashmir Legal Services Authority, held some meetings ever since its constitution on March 30, 2020 and after detailed examination of each and every case in the light of the directions passed by the Supreme Court approved release of a total of 153 convicts, under-trial prisoners and PSA detainees and accordingly passed directions to the concerned Jail Superintendents.
Till date, 9 convicts have been released on parole while as formalities in respect of 10 other convicts are being completed by the concerned authorities and hopefully they will be released within a day or two.
“Though Rules permit only 4 weeks parole to such convicts yet keeping in view the prevailing situation the High Powered Committee has granted special parole for eight weeks extendable for another eight weeks if the lockdown by the Government continues and subject to the good conduct of the released persons”, sources informed.
Similarly, a total of 109 under-trial prisoners have been released on interim bail of 60 days extendable for another period in case the circumstances so demand that too on furnishing of surety and personal bonds, sources said. Majority of these under-trial prisoners were detained under Sections 107, 108, 109 and 151 of CrPC.
According to the sources, 25 persons who were detained from time to time under the Jammu and Kashmir Public Safety Act have also been released on the directions of the High-Powered Committee.
“More cases will be examined by the High-Powered Committee in the coming days as additional details particularly in relaxation of Rules have been sought from the Director General of Prisons”, they informed, adding “all the inmates undergoing trial for intermediate or large quantity recovery under the Narcotics Drugs and Psychotropic Substances Act (NDPSA) or under Section 379-B IPC or under Protection of Children from Sexual Offences (POCSO) Act or for any crime against woman or for an offence of acid attack are not being considered by the High-Powered Committee”.
In response to a question, they disclosed that while granting parole or interim bail the High-Powered Committee has directed the police of the area where these released convicts and under-trials will put up to keep watch on their activities so as to allay any sort of apprehension about their indulgence in any sort of anti-social activity.
According to the sources, the officers incharge of prisons have been directed to ensure that all the prisoners who have been released on the recommendations of the High-Powered Committee shall not be admitted back to the prisons without adequate screening at the time of return to ensure that they don’t transmit Coronavirus from the community to the jails.
All the applications for release on parole and interim bail have been considered under Jammu and Kashmir Suspension of Sentence Rules, 2020, which have been framed by the Government of Jammu and Kashmir in exercise of powers conferred under Sub-Section 5 of Section 432 of Code of Criminal Procedure, 1973.
Prisoner reluctant to go home due to COVID-19 fear
In a bizarre situation, a prisoner has shown reluctance to go home by obtaining the benefit of the recent orders passed by the Apex Court of the country. This is only because he considers the prison as safest place than his home which is situated in COVID-19 affected area.
Official sources told EXCELSIOR that a High-Powered Committee constituted on the directions of the Supreme Court to ensure decongestion of the jails considered cases of all the 25 prisoners in Leh Jail in the Union Territory of Ladakh in a meeting held recently.
After detailed examination, the Committee headed by Justice Rajesh Bindal, Judge of the common High Court for J&K and Ladakh and comprised of Umang Narula, Administrative Secretary Home Department, Government of Ladakh UT and S S Khandare, IGP Prisons Ladakh found only one prisoner eligible for release on parole.
Accordingly, the decision was conveyed to the prisoner with the direction to get ready for stay with his family after a long time. However, the High-Powered Committee and authorities of Leh Jail were shocked to know about the reply of the prisoner.
“The prisoner, who belongs to Kashmir valley, has refused to avail the benefit of parole as he considers jail as the safest place as compared to his home which is situated in COVID-19 affected area”, sources said while disclosing that against the capacity of 80 the Leh Jail is having only 25 prisoners at present as such it is automatically decongested.
In response to a question, sources said, “no prisoner can be released without his/her consent as defined under the Rules as such no pressure is being exerted on this particular inmate to go back to his home by availing the benefit of Supreme Court’s directives”.
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