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Recently a petition was filed in supreme Court seeking decongestion of jails because of the covid-19 situation and it was dismissed by the apex court of the country on Friday. The bench of supreme Court headed by Chief Justice of India S A Bobde has dismissed the plea, directing the petitioner to go to the jurisdictional High Court for the relief in this matter as the matter is state specific. On March 23 a Moto writ petition In Re: Contagion of COVID-19 virus in prisons was heard by the supreme Court bench consisting chief justice of India, justice L Nageshwar Rao and justice Surya Kant, the bench directed all the states and the union territories to be more concern of prisoners and directed to setup high powered committee for classifying prisoners who could get parole and can be released for 4 to 6 weeks. A petition was filed by advocate Prashant Bhushan on behalf of Jagdeep S chhokar who is former dean of IIM Ahmedabad asking supreme Court to give direction to state governments to provide the reports regarding the status of decongestion of prisoners but the SC was not willing hear the matter as the matter involved a subject that has to be decided by each state and general directions cannot be passed by the supreme court for every state therefore the petitioner was advised to file petition in high courts for these kind of specific cases. Bhushan on this did not agree and said “yes, it is the same. At this stage you may ask the states to inform what is happening in their state. How many have been released how many have not been released and why so. How many undertrials who are in jail for minor offences, how many above the age of 60 have been released”. There were many contentions by Bhushan like contending to the various high courts for the same matter and the supreme court also give answer regarding the same and therefore the petition was then disposed of by giving traditional Liberty to approach the high court of specific jurisdiction.
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