Haryana High Powered Committee Issues Directions To Decongest Prisons In View Of COVID-19 Second Wave

On 11.05.2021, 14^th meeting of the High Powered Committee was held under the Chairmanship of Mr. Justice Rajan Gupta, Judge, Punjab and Haryana High Court and Executive Chairman, Haryana State Legal Services Authority allowing release of convicts sentenced to imprisonment for more than 07 years who were released earlier on special parole under the categories prescribed by this Committee. This meeting was attended by Shri Baldev Raj Mahajan, Advocate General, Haryana, Shri Rajeev Arora, IAS, Additional Chief Secretary to Government, Haryana, Home Department, Shri Shatrujeet Kapur, IPS, Director General of Prisons, Haryana and Shri Parmod Goyal, District & Sessions Judge-cum-Member Secretary, Haryana State Legal Services Authority.

The High Powered Committee (HPC) was constituted at State level under the directions of the Supreme Court of India issued on 23.03.2020 in Suo Motu Writ Petition (Civil) No.1/2020-In RE: Contagion of COVID-19 in Prisons for release of convicts/undertrials on parole/interim bail.  

As informed by Prisons Department, Haryana, total 21,804 (108%) prisoners are presently lodged in 19 jails of Haryana against the authorized capacity of 20,041 (100%). Since first meeting of High Powered Committee held on 24.03.2020, 2,580 convicts who are sentenced for more than 07 years imprisonment were released on special parole. Similarly, 2,094 (656+1438) convicts /undertrials who are sentenced up to 07 years / facing trial for offences which stipulate maximum imprisonment up to 07 years were released on special parole/interim bail under the orders of HPC. Subsequently, with decrease in COVID cases, High Powered Committee had directed return of convicts released on parole in cases where they were undergoing imprisonment for more than 07 years in 09 phases. Till date 2,170 convicts have surrendered in jails under 08 phases and 9^th phase consisting of 280 convicts is to start from 14.05.2021.

Now, in pursuance of directions issued by the Supreme Court of India on 07.05.2021 in Suo Motu Writ Petition (Civil) No.1 / 2020 - In RE : Contagion of Covid-19 in Prisons and considering the emergent situation in and around due to sudden spike in COVID, the Committee has decided to release all the convicts sentenced to imprisonment for more than 07 years who were released earlier on special parole under the categories prescribed by this Committee on special parole till 31.08.2021. Special parole granted to convicts who were to surrender in 9^th phase starting from 14.05.2021 has also been extended till 31.08.2021.   However, convicts who have failed to surrender on date fixed or are absconding or against whom new case/cases were registered while on special parole are not entitled to special parole. Accordingly, Competent Authorities have been directed to consider all the inmates again for special parole who falls under the categories prescribed by High Powered Committee. However, no special parole shall be applicable to those who are not covered by the categories approved by High Powered Committee in its previous meetings. Some of the prisoners may not be willing for release in view of their social background and the fear of becoming victim of deadly virus. The competent authorities have been directed to considerate to the concern of such inmates and may allow to stay in jail after taking a written declaration from said prisoners.  

The Committee has also extended the parole / interim bail of 2017 convicts / undertrials who are sentenced up to 07 years / facing trial for offences which stipulate maximum imprisonment up to 07 years, till 31.08.2021. State and Jail Authorities have been asked to consider the cases of all such convicts / undertrials for parole/ interim bail and if any other convict / undertrial is found to be covered by categories prescribed by the High Powered Committee, the benefit of parole / interim bail has been ordered to be extended to such persons till 31.08.2021 by concerned courts / competent authority as per directions of High Powered Committee.

The Committee has decided that cases of convicts who are confirmed or are suspected case of COVID or have been kept under observation for COVID or likely to cause infection if released, be deferred for consideration by the jail authorities and consider their cases for the benefit of special parole on the basis of their medical records once they are free from COVID infection.

Further, the Committee has asked the State & Prisons Department, Haryana to review all categories of prisoners and in case, they feel that any other category of prisoners can be allowed parole / interim bail which was not covered by the decisions of Committee previously, the proposal regarding the same be placed before High Powered Committee for its consideration.

To ensure transparent administration, State has been asked to update prisons' occupancy on its website. The Member Secretary, Haryana State Legal Services Authority has also been directed to publish all the decisions of High Powered Committee on the website of Haryana State Legal Services Authority. State has further been asked to upload the HPC proceedings on its official website.

It has been decided that District Legal Services Authorities in association with Jail authorities shall educate and create awareness amongst the inmates regarding appropriate COVID behaviour, mask etiquettes, provide for ample testing facilities, proper medical facilities for treatment and maximum possible vaccination of jail inmates as well as jail staff.

Ld. District & Sessions Judge-cum-Chairpersons, District Legal Services Authorities who are ex-officio Chairpersons of Undertrial Review Committees has been directed to ensure regular meetings of Undertrial Review Committees for release of undertrial prisoners as per Standard Operating Procedure detailed by National Legal Services Authority.

Concerned authorities have been asked to follow guidelines issued by Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar (supra). It was ordered that judgment of Hon'ble Supreme Court be immediately brought again to the notice of Courts and Police Department, Haryana for necessary compliance so as to avoid overcrowding in jails as well as to curtail the risk of infection amongst prisoners.

In view of surge in second wave of COVID-19, Committee has decided to stop the physical appearance of undertrials in courts for the time being. It has been directed that accused be produced by way of video conferencing keeping in view the directions passed by Hon'ble Supreme Court in Suo Moto Writ Petition (Civil) No.5 of 2020 in re: guidelines for court functioning through video conferencing during covid-19 pandemic, 2020 6 SCC 686.

The Committee has also stopped the interviews of inmates with their family members to minimize the risk of COVID infection amongst the prisoners and jail staff. Jail authorities have been allowed to hold interviews through video conferencing or other electronic modes in a transparent and structured manner.

To reduce the risk of infection and promote the vaccination drive, the Committee has directed the Legal Services Authorities to hold awareness camps regarding COVID appropriate behaviour & importance and benefits of COVID vaccine in association with the Prisons & Health Departments, Haryana. Vaccination of prisoners be done on voluntary basis.   Further, State has been requested to consider issuance of necessary instructions making vaccination mandatory for all government employees in the State. It has been directed that efforts be made for 100% vaccination of staff members and prisoners. The Director General, Prisons, Haryana has informed that about 1,828 (71% ) jail inmates aged 45 years above, out of 2,560 and 2,685 (82.2%) jail staff have since been vaccinated.