Bombay High Court Takes Suo Motu Cognisance Of Covid-19 Surge In Prisons

One hundred and ninety-eight prison inmates tested positive in 47 prisons across the State as of April 14, 2021, according to the reports. Additionally, eighty-six staff members have also tested positive.

The division bench of Justices Nitin Jamdar and Chandrakant Bhadang took up the matter on Friday and directed the State to provide information on the status of these COVID-19 cases, among staff and prison inmates, the measures taken and proposed to be taken to control the spread of the virus in the prisons, and measures to decongest jails.

Newspaper reports, more particularly, Hindustan Times and Free Press Journal dated 16 April 2021, have highlighted an alarming rise in the COVID-19 cases in the last few days in the prisons in the State of Maharashtra, the bench observed.

It noted that the number has gone up from 42 to 200 within a month.

Advocate General Ashutosh Kumbhakoni appearing for the State pointed out that the cause of prison inmates was taken up in July 2020 and certain directions were passed, adding, that the current situation will have to be dealt with similarly.

The bench, however, said that the sudden rise in cases indicated a need for the Court's intervention to revisit the measures, and directed the Registry to register the Suo Motu (Criminal) Public Interest Litigation under Rule 4 of the Bombay High Court Public Interest Litigation Rules, 2010.

This is a fit case where the Court should take note of this situation and take up the cause in the public interest, the bench said.

The respondents include the State of Maharashtra through the Secretary (Home Department), Secretary (Revenue Department), Director-General of Police, and Director-General of Prisons.

As per the reports, maximum number of cases were reported from Yerwada Central prison, where 31 inmates and 11 prison staff tested positive for the virus followed by Kohlapur with 29 inmates. Twenty-six inmates in Thane prison, 18 in Arthur Road prison, in Mumbai, 15 inmates at Nashik Central Central Jail and 10 inmates at Nagpur Central Jail have tested positive for the virus.

"Let the respondents furnish information on the status of the COVID-19 cases, both the staff members and the inmates in the prisons in Maharashtra; the measures being taken and proposed to be taken to control the spread of the Virus in the prisons; and measures to decongest the jails in the State," the bench directed.