Decongestion Of Prisons- Release All Convicts, Undertrial Prisoners Re-admitted In Prions On Interim Bail: Andhra Pradesh HC

In view of the recommendations made by the High Powered Committee dated May 12, the Andhra Pradesh High Court has recently directed that all convicts and Undertrial prisoners to be released on interim bail of 90 days who were readmitted to prisons after their release on interim bails last year, unless disqualified. 

A division bench comprising of Justice C Praveen Kumar and Justice Lalitha Kanneganti also directed the release of other convicts and Undertrial prisoners who are in custody for offences punishable with imprisonment of 7 years or less and are duly qualified for the release in terms of the HPC's resolution of last year. However, the exception in such cases shall be those are either second offender or the ones facing trial for sec. 376 of IPC and POCSO Act.

Furthermore, the bench also directed that the authorities shall maintain covid protocols inside Juvenile Remand Homes and also directed the DGP to upload prison capacity and it's occupancy in all jails in the State.

The directions issued are as follows:

- Principal Secretary, Home Department, to issue directions to the Director General of Police and to Station House Officers of State of Andhra Pradesh to serupulously follow the directions of the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar referred to above while arresting offenders in relation to the offences punishable with imprisonment for a term which may extend up to 7 years or less.

- Release on interim bail all convicts and under trial prisoners who have been released on interim bail earlier pursuant to resolutions of the High Powered Committee on 26.03.2020 and 28.03.2020 and have been re-admitted to the prison, unless otherwise they are disqualified. 

- We also direct the release of other convicts and under trial prisoners who are in custody in connection with offences punishable for a term which may extend up to 7 years or less with or without fine and qualified for such release as per the resolutions of the High Powered Committee dated 26.03.2020 i.e., except those who either second offender or convicted or facing trial for the offence punishable under Section 376 1.P.C. and POCSO Act. 

- We also direct all the Principal District Judges to ensure that the Magistrates of the concerned areas shall make themselves available on being asked by the Superintendent of Jails of that areas for accepting bail bonds of those who are entitled for release, which shall be to the satisfaction of the said Magistrates. 

- We further direct that the interim bail granted pursuant to this order, shall be for a period of 90 days. 

- Further, an undertaking shall be taken before the release of the convict or under trial prisoner that he/she shall remain in home quarantine, for a period of 14 days in his home under the surveillance of the Doctor or the Police, as the case may be, and in case of any violation, the interim bail granted may be cancelled. 

-Basing on the resolutions of the committee this Court also requests the Principal Secretary, Home, and the Director General of Prisons to ensure adequate transport facilities to the convicts released, enabling them to return to their respective native places keeping in view of the covid guidelines and the restrictions imposed on the movement by the Government.

- In case of prisoners who are not willing to get themselves released, having regard to the social background and fear of becoming victims of virus, the jail authorities are directed to ensure that proper medical facilities are provided to all prisoners in case of they getting infected with covid.

- Further, the authorities are directed to take all possible steps to maintain hygiene and also the covid protocols in the prisons so as to prevent transmission of deadly virus amongst the inmates of the prison.

-In so far as the inmates of Juvenile Remand Homes are concerned, it is reiterated that considering number of inmates and space available, social distancing shall be maintained. 

- In Juvenile Remand Homes the authorities shall maintain all the Covid protocols.

- Director General of Prisons to upload the prison capacity and occupancy in all the jails in the State of Andhra Pradesh on the website of the Jail Department and to share the data with the APSLSA and such data shall also be uploaded on the websites of the APSLSA and the High Court of Andhra Pradesh.

- The above directions shall be remain in force for a period of eight weeks from today and the authorities concerned, including the Principal District Judges, shall forthwith take steps in implementing the directions given above.

The matter will now be heard after 6 weeks.

Title: In re: Contagion of covid 19 virus in prisons in State of Andhra Pradesh

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