Karnataka HC Asks State Govt To List Steps To Decongest Prisons [Read Procedure]

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi noted that the capacity of the Bengaluru Central Prison was 4256 and as on September 18, the population in the prison was 5203 which is almost 700 more inmates in the prison beyond its capacity. One of the objects of passing the order by the Supreme Court during covid-19, was to ensure that congestion in prisons.

The court thus directed the state government to place on record details of whether, like the Central prison at Bengaluru in other prisons in the state excess inmates have been lodged. The affidavit is to be filed by November 4 and the matter will be heard on November 5.

Amole Kale an accused in the journalist Gauri Lankesh and Rationalist Narendra Dabholkar murder cases had moved the court praying for directions to the authorities to take all precautionary measures to protect him from Covid-19 pandemic by maintaining social distance and providing urgent and quality medical aid in the prison. Kale is presently lodged inside the Mysuru central prison.

Advocate Vikram Huilgol appearing for the government submitted a modified standard operating procedure before the court. After going through it the bench said "Apprehensions expressed by the petitioner are now taken care of."

The revised SOP issued by the Director General of Police Prisons and Correctional Services, ALOK MOHAN is as followers:

Measures to be taken at the point of entry for newly admitted under trial prisoners / parole returnee convicts:

1. All the new under trial prisoners who are brought to the prisons for admission and convicted prisoners returning from parole are mandatorily tested for COVID-19 before their entry into the prisons.

2. Prisoners who are COVID-19 positive shall not, under any circumstances, be permitted to enter the prison premises and shall be treated as per the prescribed health protocol in a designated COVID hospital/center.

3. A prisoner who is asymptomatic and tests negative or has a report/certificate showing that he is COVID-19 negative within the previous 48 hours shall be quarantined separately within the prison premises for a period of 14 days from the date of admission or as prescribed by the State Health Authorities from time to time.

4. During the period of quarantine, all the prisoners shall be screened for symptoms such as cough, cold, fever, etc., their temperatures shall be checked using IR thermometer and oxygen saturation levels shall be checked using a pulse oximeter.

5. A prisoner who tests COVID-19 negative but is symptomatic at the time of his admission shall be quarantined in a separate room/isolation ward and a mandatory COVID-19 test shall immediately be conducted. If the test result is positive, the procedure set out under Point C.4 and C.5 shall be followed.

Quarantine Policy:

1. All the newly admitted prisoners and parole returnee convicts shall be quarantined for a period of 14 days or as prescribed by the State Health Authorities from time to time.

For existing inmates in the prison:

1. All the prisoners shall be screened for cough, cold and fever daily.

2. The staff on duty shall constantly monitor the health of the prisoners and identify the sick prisoners if any, at the earliest and ensure medical care and treatment.

3. If any prisoner has any symptoms of cough, cold and fever, they shall be provided with medical assistance and immediately tested for COVID-19. The prisoner shall be isolated until the test results are obtained.

4. If any prisoner tests positive for COVID-19, immediately the information shall be provided to the local health authorities, District Administration and Police Authorities.

5. Such prisoners who test positive for COVID-19 shall be immediately shifted to the identified COVID-19 Hospitals / COVID-19 Care Centres of the State Government as per the District Administration and the State Health Department Protocol and with their help, for proper medical care and treatment

6. Information and awareness about personal hygiene and cleanliness including hand hygiene, cough and cold, use of masks, social distancing and related information shall be provided to all the prisoners regularly by the duty staff.

7. Movement of prisoners shall be kept minimum and gatherings, group formations shall be avoided.