Haryana High Powered Committee Issues Directions To Decongest Prisons In View Of COVID-19 Second Wave

On 11.05.2021, 14th meeting of the High Powered Committee was held under the Chairmanship of Mr. Justice Rajan Gupta, Judge, Punjab and Haryana High Court and Executive Chairman, Haryana State Legal Services Authority allowing release of convicts sentenced to imprisonment for more than 07 years who were released earlier on special parole under the categories prescribed by this Committee. This meeting was attended by Shri Baldev Raj Mahajan, Advocate General, Haryana, Shri Rajeev Arora, IAS, Additional Chief Secretary to Government, Haryana, Home Department, Shri Shatrujeet Kapur, IPS, Director General of Prisons, Haryana and Shri Parmod Goyal, District & Sessions Judge-cum-Member Secretary, Haryana State Legal Services Authority. The High Powered Committee (HPC) was constituted at State level under the directions of the Supreme Court of India issued on 23.03.2020 in Suo Motu Writ Petition (Civil) No.1/2020-In RE: Contagion of COVID-19 in Prisons for release of convicts/undertrials on parole/interim bail. As informed by Prisons Department, Haryana, total 21,804 (108%) prisoners are presently lodged in 19 jails of Haryana against the authorized capacity of 20,041 (100%). Since first meeting of High Powered Committee held on 24.03.2020, 2,580 convicts who are sentenced for more than 07 years imprisonment were released on special parole. Similarly, 2,094 (656+1438) convicts /undertrials who are sentenced up to 07 years / facing trial for offences which stipulate maximum imprisonment up to 07 years were released on special parole/interim bail under the orders of HPC. Subsequently, with decrease in COVID cases, High Powered Committee had directed return of convicts released on parole in cases where they were undergoing imprisonment for more than 07 years in 09 phases. Till date 2,170 convicts have surrendered in jails under 08 phases and 9th phase consisting of 280 convicts is to start from 14.05.2021. Now, in pursuance of directions issued by the Supreme Court of India on 07.05.2021 in Suo Motu Writ Petition (Civil) No.1 / 2020 - In RE : Contagion of Covid-19 in Prisons and considering the emergent situation in and around due to sudden spike in COVID, the Committee has decided to release all the convicts sentenced to imprisonment for more than 07 years who were released earlier on special parole under the categories prescribed by this Committee on special parole till 31.08.2021. Special parole granted to convicts who were to surrender in 9th phase starting from 14.05.2021 has also been extended till 31.08.2021. However, convicts who have failed to surrender on date fixed or are absconding or against whom new case/cases were registered while on special parole are not entitled to special parole. Accordingly, Competent Authorities have been directed to consider all the inmates again for special parole who falls under the categories prescribed by High Powered Committee. However, no special parole shall be applicable to those who are not covered by the categories approved by High Powered Committee in its previous meetings. Some of the prisoners may not be willing for release in view of their social background and the fear of becoming victim of deadly virus. The competent authorities have been directed to considerate to the concern of such inmates and may allow to stay in jail after taking a written declaration from said prisoners. The Committee has also extended the parole / interim bail of 2017 convicts / undertrials who are sentenced up to 07 years / facing trial for offences which stipulate maximum imprisonment up to 07 years, till 31.08.2021. State and Jail Authorities have been asked to consider the cases of all such convicts / undertrials for parole/ interim bail and if any other convict / undertrial is found to be covered by categories prescribed by the High Powered Committee, the benefit of parole / interim bail has been ordered to be extended to such persons till 31.08.2021 by concerned courts / competent authority as per directions of High Powered Committee. The Committee has decided that cases of convicts who are confirmed or are suspected case of COVID or have been kept under observation for COVID or likely to cause infection if released, be deferred for consideration by the jail authorities and consider their cases for the benefit of special parole on the basis of their medical records once they are free from COVID infection. Further, the Committee has asked the State & Prisons Department, Haryana to review all categories of prisoners and in case, they feel that any other category of prisoners can be allowed parole / interim bail which was not covered by the decisions of Committee previously, the proposal regarding the same be placed before High Powered Committee for its ...

Haryana High Powered Committee Issues Directions To Decongest Prisons In View Of COVID-19 Second Wave

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