The Bombay High Court, on Tuesday, heard two PILs claiming laxity on part of the state government in guaranteeing safe, secure and early release of around fourteen thousand detainees who were to be discharged according to directions of the State High Power Committee dated May 11, 2020. Division bench of Chief Justice Dipankar Datta and Justice KK Tated instructed Public Prosecutor Deepak Thakare to take directions from the State in regards to testing of detainees who interacted with any of the 158 detainees who tested positive for Covid-19 at Arthur Road Prison. In its request, the HPC coordinated the arrival of half of the 37,192 detainees in the State, which exceeds 18,500 prisoners.
Senior Advocate Mihir Desai appeared on behalf of both the petitioners, namely People's Union for Civil Liberties and Archana Rupwate. He raised different points of contention under the watchful eye of the Court. He alluded to the proposals made by the High Powered Committee, led by Justice AA Sayed, to decongest the Correctional Homes of its prisoners to forestall the spread of contamination. He also mentioned that around 14000 bail plea applications are still pending even after the government followed the guidelines provided. Desai urged the court to provide directions in the same context. In the same matter, the Bench started:
"Even though the High Powered Committee has delineated categories of under-trial prisoners who would be entitled to release on interim bail, we are of the opinion that the relevant courts are not supposed to act as mere post-offices and allow applications without application of mind. We have no doubt in our mind that in the light of the guidelines issued by the High Powered Committee, the relevant courts, to the best of its ability and with the resources available at its disposal, have been striving to take appropriate steps to dispose of as many applications for bail as possible in accordance with law and in the light of the guidelines."