[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails

The Delhi High Court on Wednesday directed all 3499 undertrial prisoners who were granted interim bails on the recommendations of the High Powered Committee, to surrender before the Jail Superintendents on the expiry of their interim bail commencing from 7th March.

The Division bench comprising of Justice Siddharth Mridul and Justice Talwant Singh also directed the Director General of Prisons to ensure that the said order is conveyed to all the 3499 UTPs by telephone as well as through other respective mediums.

The said direction came on the observation and recommendations made by the High Powered Committee's meeting dated 17th February 2021 which recommended that the interim bails of the UTPs must not be extended.

The High Court vide order dated 18th February had further extended the interim bails of the UTPs for 15 days. In doing so, it directed Kanwaljeet Arora, Member Secretary, DSLSA, to put on record the Minutes of Meeting of the Committee held on 17.02.2021 before the next date of hearing.

According to the Minutes of the meeting, it was observed that the benefits of interim bail granted in such circumstances, "cannot be to the detriment of social order."

"Members of the Committee have also gone through the Minutes of last meeting wherein, it is resolved that if the situation of COVID-19 in Delhi remains the same or reveals a declining trend, no further extension of interim bail shall be made by this Committee on the aspect of COVID-19. All such UTPs thus were adequately notified to move their respective Courts seeking regular bail through their private counsel or by panel lawyer of DSLSA, as the case may be, for grant of regular bail." The minutes of meeting read.

In view of this, the High Court was not inclined to further extend the period of interim bail of 3499 UTPs. However the Court clarified that all UTPs may invoke the jurisdiction of concerned Court for grant of regular bail which may thereafter consider the same on merits, in accordance with law.

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