Forward List Of Female Jail Inmates Staying With Children To High Powered Committee For Consideration Of Their Release: Gauhati HC Directs State

The Gauhati High Court on Wednesday directed the State Government to place before the High Powered Committee the list of female inmates lodged in Assam Jails who are staying with their children for due consideration by the committee about their release.

A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Anchintya Malla Bujor Barua directed thus:

"It would be in the best interest of everyone that this list be forwarded to the said HighPowered Committee which shall look into this aspect and examine whether anyof the inmates who are in the list can be released under these specialcircumstances of COVID-19 pandemic (2nd wave)."

The development came after a list of female jail inmates was placed before the Court, in pursuance of order dated May 11, giving details of female jail inmates who are either under trials or have been convicted and lodged in different jails in Assam having small children with them.

Perusing the aforesaid, the Court went ahead to note thus:

"On enquiry, we have found that these children are not juvenile inconflict with law, but they are in jail since they are less than six years of ageand as per the Jail Manual, they are allowed to stay with their mothers who arein jail."

In view of this, the Court observed that under these "strange and difficult circumstances of second wave of COVID-19 pandemic" the Higher Powered Committee of the High Court which is alreadyseized with the matter and has drawn principles on which jailinmates have to be released on temporary bail for three months or more, must consider the names from the list to consider the release of such females.

In view of this, the Court directed the counsel appearing on behalf of the State Government to put the list before the High Powered Committee and also directed the Registrar (Judicial) to place the list before the Committee.

Reviving the suo moto writ petition instituted last year, the High Court had sought details from Jail Authorities with regards to the children lodged inside jails in Assam in view of rising covid 19 cases in the State.

The Court had sought State Government's response on the number of inmates inside Assam Jails who have been infected from Covid 19 and also about the measures undertaken by the jail authorities for dealing with the issue.

Title: IN RE - THE STATE OF ASSAM AND 2 ORS

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