Covid relief over, 3,000 undertrials return to Delhi prisons today

“It is not in dispute and cannot be disputed that all those undertrial prisoners/convicts were released on interim bail/emergency parole taking into consideration the overcrowding in the prisons and to prevent the spread of Covid-19 virus among prisoners in over-crowded prisons. All those undertrial prisoners/convicts therefore were not released on merits but were released on the aforesaid ground alone. Therefore, now when the Covid-19 situation has been normalised, all those prisoners/inmates/undertrial prisoners/convicts who are/were released on emergency parole/interim bail have to surrender before the concerned prison authorities,” the court had said.

According to the government, in Delhi alone, a total of 3,630 undertrial prisoners and 751 convicts were released on interim bail or emergency parole during the pandemic.

For those released earlier, going back to prison and seeking regular bail again is the only legal recourse. Legal experts have criticised the ruling for shifting the onus on them to seek bail.

“This shows how lightly we take the consequences for prisoners. Instead of making them re-apply for bail, the state ideally should have checked who is eligible for regular bail and asked only the remaining to surrender,” said Anup Surendranath, Director of Project 39A, a criminal justice reforms group associated with the National Law University, Delhi.

The Indian Express spoke to two undertrials associated with Project Second Chance, an NGO working with Tihar prisoners, who will surrender Friday. A 24-year undertrial, who did not wish to be identified, was released from Mandoli jail on emergency bail in August 2020. Arrested for murder in 2018, he said he would surrender and re-apply for bail.

“I have been on bail for two years now and was helping my father with his small business. I was handling digital payments for him which I disabled in the last week because he cannot do it himself,” he said.

Another undertrial, 43-year-old, who did not wish to be identified, was released on emergency bail first in May 2020 from Tihar. He was arrested for assault and for carrying a weapon.

“After the first wave ended, I was asked to surrender. I went back but was released again on emergency bail when the second wave hit. Now, after two years of being with my family and having a steady job, I have to go back to jail with a 15-day notice,” he said. He added that a “friend from Tihar” informed him about the verdict.

Both the undertrials fell into categories decided by the High Power Committee who would be eligible for emergency bail.

A week before the nation went into lockdown on March 25, 2020, the Supreme Court had taken suo motu cognizance of rights of prisoners from overcrowded jails. “Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled,” the SC had said.

On July 16, 2021, the SC observed that prisoners who had already been released from jail on emergency bail “should not be asked to surrender before the prison authorities till further orders.” That changed on March 24, when the Court gave two weeks for those on emergency bail to surrender.

The Court also noted that of the 751 convicts who were released on emergency parole, 71 convicts have surrendered voluntarily while out of 3630 undertrial prisoners, 267 undertrials have surrendered until March.

With Covid cases on the rise again, introduction of more prisoners into jails could raise public health concerns. As per “Prison Statistics India 2021” released by the National Crime Records Bureau, the occupancy rate in Delhi’s prison is 182.5%, the highest among the Union territories and third highest among the states.