SUO MOTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Court on 07.05.2021, taking into consideration the circumstances prevailing in the State following the second wave of Covid-19 pandemic, had taken suo motu cognizance of the overcrowded jails in the State of Madhya Pradesh and passed certain orders. On the same date, the Supreme Court also in continuation with its earlier order in Re: Contagion of Covid-19 Virus in Prisons Suo Moto Writ Petition (Civil) No.1/2020, passed a fresh order directing inter alia that the High Powered Committees constituted by the State Governments shall consider release of prisoners by adopting the guidelines followed by them last year, at the earliest and further directed that all those inmates, who were granted parole in pursuance to the earlier order of the Supreme Court, should be again released on parole for a period of 90 days in order to tide over the pandemic. This Court on 10.05.2021, on the submissions made given by the learned Amicus Curiae, learned Advocate General and the Director General of Prisons, had passed the following order:-

(2.) Mr. Chander Uday Singh, learned Senior Counsel and Mr. Sankalp Kochar, learned Amicus Curiae, have submitted that despite recommendations of the High Powered Committee in its recent meeting held on 12.05.2021, the number of prisoners lodged in different jails of the State of Madhya Pradesh, which was 45,582 on 07.05.2021, as against their total capacity of 28,675, is not going to be substantially reduced. Therefore, the desired object of decongesting the jails may not be achieved. They both suggested that the High Powered Committee ought to consider recommending release of all such convicts on parole, who have either served out one-third of the substantive sentence awarded to them or if sentenced to life imprisonment, have completed incarceration of seven years or more. Additionally, the learned Senior Counsel and learned Amicus Curiae suggested that the High Powered Committee ought to also consider recommending release of all such under-trial prisoners on interim bail, who are facing trial for offences exclusively triable by the Court of Magistrate regardless of the outer limit of the sentence. Third suggestion given by them is that the High Powered Committee should also consider recommending release of all women prisoners, both convicts and under-trial, regardless of the offence for which they have been convicted and the sentence awarded to them or the maximum sentence that may be awarded to them upon conviction.

(3.) Learned Additional Advocate General and the Director General of Prisons have submitted that they will collate the data under all these three categories and provide the same to the High Powered Committee within a period of three days, for their consideration.