Allahabad HC Issues Notice To State On PIL For Release Of Aged Prisoners/Inmates With Comorbidities. Expeditious Disposal Of Bail, Parole Pleas [Read Petition]
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A PIL has been filed before the Allahabad High Court regarding decongestion of the prisons in the state of Uttar Pradesh in the light of growing Coronavirus cases in the prisons.The plea seeks a direction to the Department of Prison Administration, Government of Uttar Pradesh, and the Uttar Pradesh High Powered Committee consider the release of prisoners who are above the age of 65 years old...
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A PIL has been filed before the Allahabad High Court regarding decongestion of the prisons in the state of Uttar Pradesh in the light of growing Coronavirus cases in the prisons.
The plea seeks a direction to the Department of Prison Administration, Government of Uttar Pradesh, and the Uttar Pradesh High Powered Committee consider the release of prisoners who are above the age of 65 years old or suffering from co morbidities in view of the Guidelines issued by the Ministry of Home Affairs on 29.07.2020;
The petitioner also prays for a direction to the High Court to take effective measures to ensure expeditious disposal of the anticipatory bail applications, bail applications, parole applications, etc. pending before the Courts across the State of Uttar Pradesh so as to decongest the overly populated prisons.
Finally, a direction is sought to the state government to provide proper status and communication of the prisoner to their concerned relatives in any circumstances.
The matter was taken up on Thursday for the first time by the court in which the bench of Justice Pritinker Diwakar and Justice Subhash Chandra Sharma taking cognizance of the matter issued notice to the state government of Uttar Pradesh and asked to submit its written reply in response to the petition.
"The state of the prisons in the state are dismal. The rate of occupancy of 178% in the state prisons is concerning in view of the communicable pandemic. Despite of the monitoring of the Hon'ble Supreme Court and the High Powered Committee the occupancy have not fallen to the optimum standards", avers the plea.
It is submitted that the rate of high occupancy in the prisons is an invitation to the risk of vulnerability to mass infection for Coronavirus contagion, the rate of coronavirus infection has been increasingly spreading in the country and there are no cogent medicines to counter the virus.
"Several applications for bail and appeal are pending before this Hon'ble court for the prisoners who are inhabitants of those high rate occupancy prisons. Due to the limited work flow of this Hon'ble Court the applications for those prisoners cannot be disposed of efficiently in these highly extraordinary conditions", it is urged, stressing that iit is cardinal for the court to efficaciously dispose of bail and appeal matters in order to decongest over occupied prisons in the state.
The PIL was filed by the Chamber of Senior Advocate Shri Dileep Kumar in the name of petitioner Man Mohan Mishra who is a practising advocate at Allahabad High Court against parties - High Court Judicature at Allahabad through its Registrar General, State of Uttar Pradesh, Principal Secretary Prisons Administration and the High Powered Committee. The petitioner was represented by advocates Mr Rajrshi Gupta and Mr Vinayak Mithal.
[Read Petition]
[Read Order]