SC indicates to modify conditions for release of prisoners in Maharashtra during Covid-19 pandemic

The Supreme Court on Monday indicated to issue directions to the High-powered Committee of the Maharashtra government to decide the release of every prisoner on merit, instead of insisting on excluding a large number of people arrested or convicted under the special laws, amid the ongoing Covid-19 pandemic.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian reserved the order on a petition filed by activist Medha Patkar.

NGO, National Alliance for People's Movement and Patkar, led by advocates S B Talekar, P B Suresh and Vipin Nair, submitted that 10 people, including four prison staff, have died due to Covid-19 and about 2500 people are affected over there.

They challenged the validity of the Bombay HC's August 5 order upholding the decision on the classification of prisoners for temporary parole as well as interim bail.

The petitioner asked the court to direct the High-Powered Committee to reconsider the cases of 17642 undertrial prisoners and 11,000 convicted persons lodged in jails within Maharashtra pending final hearing of the matter, for temporary release on interim bail and emergency parole, respectively.

On March 23, acting Suo Motu, the top court took judicial notice of the necessity of maintaining social distancing in the prisons in the light of Covid-19 and directed the States to constitute a High-Powered Committee so as to release the prisoners on interim bail or emergency parole.

The panel in Maharashtra decided that those who are accused or convicted of offenses punishable with imprisonment of seven years or less shall be released on interim bail or emergency parole. However, it said the directions would not apply to the prisoners who are accused of or convicted for offenses under the Special Acts like MCOCA, PMLA, NDPS, UAPA, etc, or the serious economic offenses.