The Bombay High Court has asked the state government to expedite the temporary release of prisoners, serving up to seven years imprisonment, from jails across Maharashtra as per the Supreme Court’s directions on decongesting jails due to COVID-19 pandemic. The court’s directions came after the state government informed it that 4,060 out of 11,000 prisoners have been released on interim bail or parole so far. It also informed the court that no prisoner has been affected by the virus in jails across the state. A single-judge bench of Justice Girish S Kulkarni passed an order through video-conference Thursday after the high court had taken suo motu cognizance of a letter written by advocate Satish B Talekar raising the issue of prisoners/undertrials lodged in prisons across the state not being released despite directions from the Supreme Court amid the COVID-19 pandemic. A high-powered committee constituted in the state following the Supreme Court order on decongesting prisons had decided that undertrial prisoners, booked for offenses with maximum punishment up to seven years, will be released on interim bail initially for 45 days by furnishing personal bonds. The committee’s order also included those being tried by the sessions court, but excluded those booked for serious offences under special laws, including Prevention of Money Laundering Act (PMLA), Unlawful Activities (Prevention) Act, Maharashtra Control of Organised Crime Act (MCOCA) and Narcotics, Drugs and Psychotropic Substances Act. The accused will be required to report to a police station once every 30 days. On March 26, state Home Minister Anil Deshmukh had also announced that 11,000 prisoners, including undertrials and convicts, were to be released based on parameters decided by the high-powered committee and the undertrial review committee. On Thursday, public prosecutor Deepak Thakare submitted a letter, dated April 20, before the high court. The letter, addressed to him by state Additional Director General (prisons), stated that none of the persons in prisons across state was affected with coronavirus and, so far, 4,060 undertrials had been released on temporary bail. The letter stated that further action was being taken to release more prisoners as prescribed by the high-powered committee. In his order, Justice Kulkarni noted, “I am of the opinion, that as the state is already in the process of releasing 11,000 prisoners, it is not necessary to issue immediate directions. However, it is clarified that the state government may expedite such steps that are being taken so that the SC orders are implemented in letter and spirit.”
