On 10th May 2021, The Madhya Pradesh High Court took suo moto cognizance to deal with the overcrowding of the prisons in the state. The High Court observed that this need of an hour to decongest the jail or else containing the spread of COVID-19 will be nearly impossible inside the premises. The writ petition was issued considering the impact of the second wave of COVID-19 in Madhya Pradesh. Following the Supreme Court order passed on 23rd March 2020 to avoid congestion and maintain the social distancing norm inside the jail premise by determining the class and category of inmates and for that purpose, High Powered Committee must be formed. The court directed the respondents to appear before the High Powered Committee. DG of Prisons and the learned Amicus Curiae submitted their suggestions.
For convicted prisoners, it was stated that the HC should allow emergency parole for 90 days and for that parole some eligibility criteria was also suggested:
 The male prisoners and the female prisoners, who all are above the age of 60
 Female prisoners, irrespective of age with their minor children.
 Pregnant female prisoners
 Prisoners who all are suffering from HIV, Cancer, Heart disease, Kidney Dysfunction, Hepatitis B or C, Asthama, tuberculosis and disability. Inmates who have undergone bypass surgery and valve replacement surgery are also eligible.
For undertrial prisoners, SI of the jail was suggested to produce the interim bail application of the undertrial inmates, who are booked under the offence punishable up to a maximum of seven years, with or without fine, before the court concerned and within four days the court has to decide whether bail can be granted for 90 days or not. SI must also obtain the interim bail application of those inmates who all are covered by the SOP issued by the District Legal Services Authority, DLSA. It was also suggested that undertrial inmates who had committed any offence during the term of interim bail granted earlier along with those who had violated their previous bail order.
The High Court also issued some directions:
 The state should avail the RT-PCR test to the prisoners and test should be taken periodically. Those who test positive should be immediately separate.
 Compulsory RT-PCR test of new prisoners before lodging in the jail and a separate ward for them till the final result.
 If any prisoner, who is eligible for bail tested positive or should be treated in the nearest hospital.
 The state should avail the RT-PCR test for the juveniles in Rehabilitation Centres to bifurcate the positive cases from the negative cases.
 The state should release those prisoners who were unable to pay the fine and ended up in detention and take some measure to waive off the fine imposed on them.
 The state must provide the details to the High Powered Committee on those undertrial inmates who are on trial for offences exclusively triable by the Magistrate.
 The state should bifurcate the inmates into age groups for easing the process of vaccination.