Delhi HC Issues Notice In Application Seeking Modification In Order Directing Extension Of Interim Bail Granted To Prisoners On The Ground Of COVID19

Moved by Public Prosecutor Amit Prasad, the modification is sought on the ground that certain prisoners convicted of heinous crimes are misusing the order of the court which has automatically extended the interim bail granted to prisoners in light of the pandemic for another 45 days.

Today, the Special Bench of Chief Justice DN Patel, Justice Siddharth Mridul, and Justice Talwant Singh has directed the Delhi Government to submit an affidavit stating the total number of inmates in the central prison who are COVID positive.

The State also has to inform the court as to how many prisoners have been released so far on interim bail, and how many of such prisoners are due to surrender next month.

Mr Prasad, while moving the application, submitted that many accused persons first seek interim bail of one week on 'humanitarian grounds' and then never come back to the prison by claiming relief under the extension of 'COVID bails' granted by the Full Bench of the Delhi High Court in a suo moto matter.

Mr Prasad further informed the court that two jails in Mandoli have been notified as isolation wards for incoming persons. 'These jails have a total of 248 isolation wards', Mr Prasad submitted.

At this point, the court asked the State how will it manage to isolate thousands of returning prisoners when it only has 248 isolation wards?

In light of these submissions, the court also directed the Director General (Prisons) to be present on the date of hearing.

The court will next take up this matter on October 16.