Decongesting Prisons: High Powered Committee Directs Release of UTPs Suffering From Chronic Illness on Interim Bail [Read Press Release]
In order to further the cause of decongesting the prisons as a measure against the spread of COVID19, the High Powered Committee headed by Justice Hima Kohli of the Delhi High Court has decided to release under trial prisoners suffering from certain chronic diseases on interim bail of 45 days. By an order passed on April 18, the said relaxation applies to UTPs suffering from...
In order to further the cause of decongesting the prisons as a measure against the spread of COVID19, the High Powered Committee headed by Justice Hima Kohli of the Delhi High Court has decided to release under trial prisoners suffering from certain chronic diseases on interim bail of 45 days.
By an order passed on April 18, the said relaxation applies to UTPs suffering from chronic diseases such as HIV, Cancer, Chronic Kidney Dysfunction (UTPs requiring Dialysis), Hepatitis B or C, Asthma, and TB.
As per the Committee's order, the following types of UTPs qualify for the further relaxation:
- Under trial prisoners (UTPs), who are suffering from above mentioned illness(es) and are in custody for three months or more, facing trial in a case which prescribes a maximum sentence of 7 years or less;
- Under trial prisoners (UTPs), who are suffering from above mentioned illness(es) and are in custody for a period of six months or more, facing trial in a case which prescribes a maximum sentence of 10 years or less
- UTPs who are suffering from above mentioned illness(es) and are in custody for a period of six months or more and facing trial in a case which prescribes punishment of 10 years upto life imprisonment and are not involved in multiple cases.
However, the Committee has decided to exclude the following UTPs from the aforesaid relaxation:
- Those inmates who are undergoing trial for intermediary/ large quantity recovery under NDPS Act ;
- Those under trial prisoners who are facing trial under Section 4 & 6 of POCSO Act;
- Those under trial prisoners who are facing trial for offences under section 376, 376A, 376B, 376C, 376D and 376E and Acid Attack;
- Those UTPs who are foreign nationals ;
- Those under trial prisoners who are facing trial under Prevention of Corruption Act (PC Act) / PMLA, MCOCA ; and
- Cases investigated by CBI/ED/NIA/Special Cell of Delhi Police, Crime Branch, SFIO, Terror related Cases, cases under Anti-National Activities and Unlawful Activities (Prevention) Act etc
As per the Committee's order, approximately 50 UTPs who are suffering various chronic illnesses will be released in 3-4 days.
In light of the relaxed criteria, DSLSA has been directed to move the applications for interim bail of UTPs falling under the said criteria.
In the meeting, the High Powered Committee was also informed by the Director General of Prisons that as on today 2962 inmates/convicts/UTPs have been released on "Bail/Parole" for a period of 8 weeks.
The High Powered Committee was constituted by the Delhi Government in pursuance of the direction of the Supreme Court in a suo moto matter pertaining to decongestion of prisons as a precautionary measure against COVID19.
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