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45 days interim bail granted to under- trial prisoners in Delhi
45 days interim bail is to be granted to under-trial prisoners in Delhi suffering from HIV,Cancer,TB, Asthma, Chronic Kidney diseases, Hepatitis B or C. This step is taken to decongest the jails in Delhi during this ongoing Covid-19 situation.The pandemic has resulted the nation to come to a standstill , hence this endeavour has been initiated in order to decongest the prisons. The decision was taken in a meeting of the High powered committee under the Chairmanship of the Delhi High Court Judge and Executive Chairperson of the Delhi State Legal Services Authority,Hima Kohli.The following categories of Under trial prisoners will be granted interim bail alongside the above mentioned diseases :
- Those who are in custody for three months or more facing trials in a case which prescribes maximum sentence of 7 years or less
- Those who are in custody for six months or more facing trials in a case which prescribes maximum sentence of 10 years or less
- Those who are in custody for a periord of six months or more facing trial in a case which prescribes punishment of 10 years upto life imprisonment and are not involved in multiple cases
The following categories of Under trial prisoners even if they fall under the above mentioned categories will not be granted interim bail:
- Those who are facing trial for itermediary /large quantity recovery under the NDPS act.
- Those who facing trials under the sections 6 and 4 of the POCSO Act
- Those who are facing trial for offences under section 376,376 A, 376 B , 376C , 376D, 376E and Acid Attack.
- Foreign nationals
- Those who are facing trial under prevention of corruption act, PMLA, MCOCA and
- Cases being investigated by the CBI, CID, NIA, special cells of Delhi Police, Crime Branch , SFIO, Terror related cases, cases under anti national activities and Unlawful Activities Prevention Act etc
Approximately 50 Under trial prisoners would be beneficiaries for the relaxed criteria of the interim bail.It is also mentioned that the Jail superintendent shall be in continuous touch with the concerned Secretary, District Legal Services Authority regarding disposal of Interim Bail Application moved by the under-trial prisoners.
Amongst other things, the Court also providing a representation of concerning issues relating to summoning of , detention and arrests of the persons by the police during the period of National Lockdown in connection to the FIRs registered regarding the violence in the North East Area of Delhi in February 2020.
Due to the prevalent Covid-19 situation in India, the government has extended the Lockdown till 3rd May,2020 as of now, in order to prevent community transmission.
To decongest jails and implement social distancing in order to curb the spread of the virus, the High Powered Committee also resolved to shift 200 prisoners from Rohini jail and 50 prisoners from Tihar jail to Mandoli jail for a temporary period of time that is till the current situation persists.
In compliance with the orders from the Supreme Court, a High Powered Committee has been constituted comprising of the Executive Chairman of the UPSLSA, Additional Chief Secretary ( Home) , Government of Delhi for considering the issue of overcrowding in prisons in the present context of the Corona Virus situation in the country, to determine the category of prisoners to be released on interim bail or on Parole.
