Jamiat Ulama-I-Hind Moves SC To Expedite Prisoners' Release Amid COVID-19 Scare [Read Application]

In order to highlight various issues of overcrowding in prisons during subsistence of the Coronavirus pandemic, Jamiat-Ulama-i-Hind has instituted an intervention application in the suo moto action petition of the Top Court, titled In Re: Contangion Of COVID19 Virus In Prisons.

"....the Applicant Organization is primarily raising the issue of the fundamental right to life and liberty of all such Muslims convicted prisoners and undertrials who are being provided legal aid on account of their poverty and disadvantaged financial position" 

- Excerpt of Jamiat-Ulama-I-Hind's Petition

The organisation has averred that even though the Supreme Court had passed directions for effectuating the release of prisoners on March 23, 2020, there was no compulsion on such release. Thus, the petitioner-organisation contends that there is a need for Court to consider "making such directions compulsory especially in those states where the prisons are admittedly overcrowded".

Further, the Petitioner highlights the miniscule number of prisoners who have been released till date across states, even though, the number of prisoners, identified for release by the high-powered Committee (set up in terms of SC order of April 13) is higher.

In light of the above, petitioner claims that In Andhra Pradhesh 1350 prisoners have been identified while only 259 have been released, In Gujarat, 1200 have been recognised but no prisoner has been release, In Kerala, 1000 prisoners have been identified but no prisoner has been released, In Madhya Pradhesh 12000 prisoners have been identified but only 6033 have been released, In Maharashtra 11000 prisoners have been identified but only 2550 have been released.

Averments For Effectuating Temporary Release

Petitioner contends that it is imperative that the process of release of be "expedited" while accounting for "temporary release" by exerciseing powers under Section 432 of the Code of Criminal Procedure wherein "appropriate government" as defined under Section 432(7) of the CrPc which is the State Government as Parole Rules are also framed under the said section. 

Therefore, the petition contends that the usual process of prior approval(s) may not be viable "given the circumstances and paucity of time, adhering to the process would take longer time and may not be tenable"

Additionally, the petitioner-organisation also puts forth suggestions for purposes of determining criteria of categories of prisoners to be released such as priority to convicts who have been released at least once and have "reported back to the prison without flouting any condition of parole" as well as preference to those convicts who are over 50 years of age "given their vulnerability to Coronavirus".

The petition suggests further categories as well for temporary release by the High Powered Committee 

- Excerpt of the Petition filed by Jamiat Ulama-i-Hind

Averments for effectuating Release of Undertrials

The Petition contends that the guidelines of the SC vis-à-vis Hussainara Khatoon (IV) v. Home Secy., State of Bihar must be "strictly enforced" in terms of direction(s) of release of all those "undertrial prisoners who had been in jail for periods longer than the maximum term for which they could have been sentenced, if convicted" as well as "bail be granted to those undertrial persons who had been jail for more than half of the period of the maximum term for which they could have been sentenced, if convicted".

Averments In terms of International Corollaries 

The petition draws corollaries with other countries of the world "where prisons are overcrowded have released prisoners en masse to contain the spread of COVID-19" and contends that the State and Central Governments in India must follow suit to expedite the process of release.

"Iran, Turkey, and Indonesia are reported to have released 80,000, 45,000, and 30,000 prisoners respectively. Countries with overcrowded prisons like the United States, United Kingdom, Ethiopia, Brazil, Afghanistan have all been reported to have released a significant number of prisoners last month itself"

- Excerpt from Petition

Lastly, the petition also brings to light the recent news report of 77 prisoners in Arthur Jail Mumbai, 19 prisoners in Indore Central Jail & 1 prisoner in Byculla Jail as a foreground for urgency. [Read Related Report here]

The Petition has been filed and drawn by Advocate Ejaz Maqbool.