Supreme Court Directs Prisoners Released On Parole In Kerala Due To COVID-19 To Surrender Within 2 Weeks

A Bench comprising Justices L. Nageswara Rao and P.S. Narasimha noted that the COVID-19 situation, which had swayed it to ask the State Government to not insist them to surrender, has improved and therefore there exists no reason to permit them to continue on parole.

"On 29.09.2021 notice was issued in these WPs and the petitioners were permitted to continue on parole. Near normalcy has returned in the country and daily activities remain unabated. The benefit that was granted to the petitioners to continue on parole due to a possibility of their contracting COVID-19 shall continue for a period of two weeks from today, All the petitioners are directed to report back to the prison within the said period."

In the wake of the pandemic, the Supreme Court in a suo motu writ petition considered the issue of overcrowding in prisons, and issued notice to the concerned States authorities to show cause as to why directions should not be issued to deal with the health crisis arising out of COVID-19 in the prisons. By order dated 23.03.2020, it directed the States/Union Territories to constitute a High Powered Committee to determine which class of prisoners can be released on parole or interim bail. After overall scrutiny the committee recommended release of convicts sentenced to imprisonment for less than 10 years, on parole.

Thereafter, the Kerala Government took a decision to grant parole to those who had been sentenced to more than 10 years. The petitioner in the main matter before the Bench, Dolphy, who had completed 14 years in prison, was also released on parole. In the meanwhile, on 07.05.2021, the Apex Court extended the parole for prisoners who were released on recommendation of the HPC for a period of 30 days and eventually on 16.07.2021, the Court passed an order that those released on interim bail ought not to be asked to surrender until further orders. In consonance with the order of the Supreme Court, Government of Kerala by its order dated 06.08.2021, extended parole date till 23.08.2021. Upon consideration of representations seeking further extension, the parole date was again extended to 15.09.2021. It appears that the Jail Authorities were orally asking the prisoners released on parole to surrender in September 2021, even when the COVID-19 situation in Kerala had not improved. The said prisoners approached the Apex Court on the ground that the prisoners who have been released pursuant to the recommendations of the High Powered Committee continued to remain on parole, while they were being asked to surrender.

On 29.09.2021, the Court issued notice and in effect permitted the extension of the parole. By way of subsequent orders it asked the State Government not to urge such prisoners to surrender in view of the surge in the COVID-19 cases in the country.

Justice Rao asked Senior Advocate, Mr. P.V. Surendranath appearing for the State of Kerala, "How is COVID in Kerala?"

He responded, "Everything is normal. Colleges, schools, courts all are fully functional."

Senior Advocate, Mr. Nagamuthu, appearing on behalf of one of the petitioners, apprised the Bench that as per official records on 28th April there were 29 deaths in Kerala.

On perusal of the status report filed by the State, Justice Rao noted -

"The status report that they (State) have filed shows there is no COVID case in jail."

Senior Advocate, Mr. Siddharth Luthra, appearing for another petitioner, submitted -

"Numbers are rising."

The Bench was also apprised that if COVID is no longer a consideration for extending the benefit in case of the petitioners, the prisoners who were released by the High Powered Committee should also be asked to surrender.

Justice Rao reckoned,

"Then they will have to go back. We will ask the Chief Justice to constitute that Bench also."

But, he added -

"Here we are only concerned with those prisoners who have been sentenced to more than 10 years."

Advocate, Mr. Deepak Prakash expressed concern that if the Bench asks the prisoners to surrender then it can be done in a phased manner as more than 1500 prisoners were out on parole.

"More than 1500 people are outside. If all go to jail it would be problematic. In a phase manner if they can go back."

Displeased with such submission, Justice Rao remarked -

"For the next 2 years you want to go one by one. What kind of submission is this? We have given you sufficient indulgence. They (State) know how to do it…It is not that they will all go to the same jail. You have to understand you have no right, we have shown enough indulgence."

Later, considering the reality of the situation, that most of the prisoners might report on the last date of the two weeks' time provided to them, Justice Rao asked the State Government to prepare accordingly.

[Case Title: Dolphy Vs State of Kerala W.P.(C) No. 1067/2021 and connected matters]