Don't Insist Prisoners Released On Parole To Surrender; No Release Of Any More Prisoners Citing COVID: Supreme Court To Kerala

A Bench comprising Justices L. Nageswara Rao and B.R. Gavai stated that it would evaluate the COVID-19 situation on the next date of hearing i.e., 25.02.2022 and accordingly decide if the prisoners can be asked to surrender.

Senior Advocate, Mr. PV Surendranath, appearing for the State of Kerala apprised the Bench that in compliance of its order dated 28.01.2022, he had instructed the concerned authorities not to insist the prisoners released on interim bail or parole to surrender and they have acted accordingly.

He informed the Bench that he had filed a new status report and sought its permission to point out two aspects in the said report.

1. Out of the 800 convicts released from prison on parole granted by the Government, most were life convicts;
2. COVID-19 situation has improved in Kerala and at present 3% of the prison population are affected.

Considering the above facts, he urged that there was no longer a pressing need to release prisoners and allow them the benefit of parole.

"...Today, 800 convicts, most of them are life convicts, are outside. Secondly, the Covid rate is day by day decreasing, for the last one week…So in the prisons not much affected, less than 3%. We have taken all protocol and have been successful. At this time schools and everything is open, and now it is not necessary to continue the process of releasing and allowing on parole."

The Bench stated -

"We will say that things are improving in Kerala and 800 life convicts are on parole as per orders of the Government. We will have these matters after a week or 10 days then we will see."

Mr. Surendranath requested the Bench to restrict the order to the petitioners. However, the Bench reckoned that the same might not be possible.

"Just imagine, if we restrict to only petitioners from tomorrow onwards half the causelist would be all the other prisoners."

It stated that it would adjourn the matter for a week or 10 days and thereafter on an evaluation of the prevalent COVID-19 situation decide whether to permit the prisoner, who were released from jail, to surrender.

"Let the other people who have been released by you, you don't insist them on coming back for another one week or 10 days. We will list it after 10 days. By that time if things improve, we will ask them to go back."

On a previous occasion Senior Advocate, Mr. Sidharth Luthra had stated that his clients were not released even when similarly situated persons were extended the benefit of parole. The Bench sought Mr. Surendranath's opinion on the status of Mr. Luthra's client -

"What do you say with respect to Mr. Luthra's client? They say persons who are similarly situated are out."

Mr. Surendranath responded that at this point in time it might not be possible to release them as they are mostly life convicts. Their release would create an unhealthy situation.

Refuting Mr. Surendranath's claim that the COVID-19 situation in Kerala had improved, Mr. Luthra, referred to the data provided on the Kerala Government's website to argue that the number of cases in Kerala have increased from 05.02.2022 onwards. He submitted that six days back the number was 22,000, but now almost 28,000 - 29,000 people are getting infected everyday.

"As per the Kerala Govt. website, numbers have gone up from the 5th, deaths have almost doubled. The number of cases is like a parabola. It was 22,000, 6 days ago but now it's 28,000-29,000 per day. This is statistics on their own website. These persons should be considered similarly. If there is an issue, after 2-3 weeks we will go back."

The Bench refused to release more prisoners at this point in time.

"We are adjourning the matter, but we will not release anybody now. You have to take into account societal interest."

Background

In the wake of the pandemic, the Supreme Court suo motto considered the issue of overcrowding in prisons. It urged the concerned State authorities to deal with the health crisis in the prisons arising due to the spread of COVID-19 virus. The States/Union Territories were directed to constitute a High Powered Committee to determine prisoners who could be released on parole or interim bail. After scrutiny, a number of prisoners were released on parole. On 07.05.2021, the Apex Court extended the parole for prisoners who were released on the recommendation of the Kerala High Powered Committee 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. Accordingly, the Government of Kerala, extended parole from time to time. Sometime in September, 2021, the Jail Authorities in Kerala orally asked prisoners who were released on parole to surrender. Aggrieved, they had approached the Supreme Court.

On the last date of hearing, i.e. 28.01.2022, considering the COVID-19 surge, the Bench had asked the Kerala Government not to insist on surrender of such prisoners. In essence, the said directions would continue to be in effect till 25.02.2022, when the Bench would take up the matter and upon evaluation pass further directions.

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