In I.A NO.179931 OF 2022-SC- COVID-19 situation has now normalized: Apex Court directs Delhi prisoners released on COVID parole to surrender before prison authorities 
Justices M.R. Shah & C.T. Ravikumar [24-03-2023]

Read Judgment: In Re: Contagion of Covid-19 Virus in Prisons v. Director General (Prisons) 

Tulip Kanth

New Delhi, March 25, 2023: While noting the fact that during the pandemic, the prisoners were not released on merits but were released due to COVID-19 situation, the Supreme Court has directed all prisoners/inmates/undertrial prisoners/convicts who were released on emergency parole/interim bail to surrender before the concerned prison authorities. 

The Division Bench of Justice M.R. Shah and Justice C.T. Ravikumar was considering an application preferred 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 recommendations of the High-Powered Committee, in compliance with the Top Court’s Orders dated March 23, 2020, May 7, 2021 and July 16, 2021 in Suo Moto Writ Petition No.01/2020, as the COVID-19 situation has now normalized.

It was the applicant’s case 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 March 23, 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.

In compliance with such order in the first phase in 2020, a total of 4683 (1184 convicts and 3499 under-trial) prisoners were released.Thereafter, looking to the unprecedented surge in COVID-19 cases during the second wave, this Court directed the High-Powered Committee to grant parole of 90 days to all the inmates who had been released pursuant to the earlier order. Pursuant to this, a total of 3630 under trial prisoners and 751 convicts were released on interim bail or emergency parole till date.

Almost a year later, in June, 2022 this Court in various Interlocutory Applications and Special Leave Petitions had granted 15 days time to the prisoners/applicants/petitioners to surrender before the prison authorities.

It was also submitted from the applicant’s side that the number of convicts who are still on emergency parole is 680 and number of undertrial who are still on interim bail is 3365.It was also argued before the Bench that things have now improved and the prisoner have to surrender before the concerned jail authorities. 

The Bench considered the aspect that all those undertrial prisoners/convicts were released on interim bail/emergency parole taking into consideration the overcrowding in the prisons and to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.

“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”, the Bench held.

The Apex Court also affirmed that a similar order had been passed by in the order dated June 3,2022 w in Suo Moto Writ Petition (Civil) No.01/2020 and SLP (Crl.) Nos. 5507-5508 of 2022 and 5516 of 2022 by which while dismissing the IAs/SLPs this Court had granted further 15 days time to those applicants/petitioners/prisoners to surrender before the prison authorities.

Thus, allowing the petition, the Bench also ordered, “...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 Bench concluded the matter by observing that the order be intimated to the concerned Accused/inmates by the concerned jail authorities that they had now to surrender within the period of 15 days. 

However, it was also indicated 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 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 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”, the Bench further remarked.