Delhi High Court Dismisses PIL Seeking Release Of Undertrial Prisoners On Bail, Says Issue Pending Before Supreme Court

The Delhi High Court has dismissed a public interest litigation seeking issuance of guidelines for release of undertrial prisoners on bail under check of a judicial officer.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the PIL moved by Gautam Kumar Laha, observing that the issue is pending before the Supreme Court and is being supervised there.

“…we find no reason for entertaining the present petition. Accordingly, the present petition is dismissed…,” the court said.

The PIL also sought constitution of a committee at district level consisting of District Judge, Deputy Commissioner of Police of the concerned district, District Magistrate and two members from general public.

The plea prayed that the committee shall hold at least one monthly meeting to decide as to which undertrial prisoners can be released and send their name to the concerned magistrate for passing an appropriate order of bail with requisite bail conditions.

It was the petitioner's case that the PIL was filed to tackle the issue of over-populated or over-crowded jails and the undertrial prisoners lodged therein pending their trial.

It was submitted that if the plea is allowed, it will put the overpopulated jails under check of a judicial officer and an expert committee which would eventually result in dignified life for the undertrial prisoners.

ASG Chetan Sharma appearing for the Union Government placed on record a letter issued by the Union Ministry of Home Affairs in 2019 to all the States and Union Territories bringing to their notice the SOP framed by NALSA.

The bench noted that an Under Trial Review Committee already stands constituted in terms of the SOP and that 14 categories of inmates eligible for early release already stand identified.

It further noted that the Supreme Court has issued directions to each State Government to set up a designated Committee for taking steps to set up new jails, expanding the existing prison facilities and providing facilities to the inmates by using technology.

“Thus, the issue of overcrowding urged in the present petition is also directly under consideration in the pending writ petition before the Supreme Court,” the court said.

Counsel for Petitioner: Mr. Praveen Agrawal, Mr. Rajesh Ranjan Singh, Ms. Preeti Chaudhary and Ms. Stanzin Uron, Advocates with Petitioner in person

Counsel for Respondents: Mr. Chetan Sharma, ASG, Mr. Apoorv Kurup, CGSC and Mr. Akhil Hasija, Mr. Vinay Yadav, Ms. Nidhi Mittal, Mr. Saurabh Tripathi and Mr. Vikramaditya Singh, and Mr. Amit Gupta, Advocates for R-1; Mr. Santosh Kr. Tripathi, Standing Counsel (Civil), GNCTD with Ms. Prashansha Sharma and Mr. Kartik Sharma, Advocates for R-2 and 3; Ms. Beenashaw Soni, Panel Counsel, DHC with Ms. Mansi Jain, Ms. Ann Joseph, Advocates for R-4/DHC

Title: GAUTAM KUMAR LAHA v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 495

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