Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+

Rejecting the Petitioner's request to adjourn the case for a longer date, a Division Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,

"We do not wish to keep the matter pending in view of pendency of a similar matter pertaining to extension of interim bail/ emergency parole of prisoners before the Supreme Court."

The Bench however granted liberty to the Petitioner to approach the appropriate authorities, if such need arises.

The petition was filed by Advocate Amit Sahni. He had sought directions to the Respondents to defer the surrendering the Prisoners above 65 years and Prisoners suffering from comorbid medical conditions etc.

He stated that Delhi Jails are overcrowded by 80% and as a consequence, social distancing cannot be maintained in its premises. Thus, it was prayed that the Emergency Parole to such prisoners may be extended until all other prisoners have surrendered.

Kanwal Jeet Arora, Member Secretary, DSLSA informed the Court that the petition is infructuous as the Supreme Court has already passed several directions on this issue.

He referred to the Top Court's order dated March 1, 2021 in National Forum On Prison Reforms v. GNCTD whereby a direction as made to 2674 prisoners of Delhi jails, who had been granted interim bail by trial courts and the Delhi High Court, to surrender within 15 days from March 1 in view of the improving COVID-19 situation.

The said order, he mentioned, was modified on March 15, 2021 and the matter is now slated to be heard on August 2.

Accordingly, the instant writ petition was disposed of by the High Court.

Case Title: Amit Sahni v. GNCTD