Aishwarya Bhati, learned ASG appearing on behalf of the applicant has submitted that this Court in Suo Moto Writ Petition No.01/2020 to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons passed an Order dated 23.03.2020 directing each State/Union Territory to constitute the High-Powered Committee to determine the class of prisoners who could be released on Parole or on interim bail on such conditions, as may be determined by the High-Powered Committee.
Also Read: https://newslaw.in/case-type/civil/c-a-no-003481-003481-2022/
It is submitted that in compliance of the order dated 07.05.2021 passed by this Court, the High-Powered Committee constituted for Delhi convened a meeting dated 11.05.2021 wherein the High-Powered Committee observed that the inmates who were released last year could be released forthwith in view of the ranging pandemic.
It is submitted that thereafter almost a year later, in June, 2022 this Court vide order dated 03.06.2022 in various I.As and SLPs had granted 15 days’ time to the prisoners/applicants/petitioners to surrender before the prison authorities.
Bhati, learned ASG has 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 undertrial 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.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
The present application has been preferred by the Director General (Prisons), New Delhi seeking appropriate directions for surrender of prisons/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 this Court in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.
Therefore, now when the COVID-19 situation has now been 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.
In view of the above, we allow the present application with an observation and 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.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Similarly, after the surrender by the concerned convicts who are released on Emergency Parole it will be open for them if so advised 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.
Case Number: SMW(C) No.-000001 / 2020
