724 Under Trial Prisoners Released from Assam Jails amid Corona Crisis

Dispur, March 30, 2020:

Amid the horror of the COVID-19 or coronavirus that has left at least 29 people dead in India, 724 under trial prisoners (UTP) have been released from Assam jails. This was confirmed by DGP Bhaskarjyoti Mahanta to Inside Northeast earlier today.

Talking to us, Munna Prasad Gupta, the Guwahati Police Commissioner, said that a high-level committee has been constituted, which has already arranged for the release of many prisoners, and added that many are yet to be released. A bench headed by chief justice SA Bobde had earlier observed that the prisoners convicted of or charged with offences having jail term of up to seven years can be given parole to "decongest" jails amid the health crisis.

This development has taken place after a Supreme Court directive in which it had ordered all states and Union Territories to set up high-level panels which would consider releasing all convicts who have been jailed for up to seven years on parole to decongest jails in an attempt to contain the Covid-19 outbreak.

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The bench suggested that undertrials awaiting trial for offences entailing maximum sentence of seven years also be extended a similar benefit. The undertrial review committee must meet every week, it said.

“We direct that each state/UT shall constitute a high-powered committee comprising of (i) chairman of the state legal services committee, (ii) the principal secretary (home/ prison) by whatever designation is known as, (ii) director general of prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be…appropriate,” a bench led by Chief Justice of India SA Bobde said on Monday.

Taking into consideration the possibility of outside transmission, the bench directed that physical presence of all undertrial prisoners before courts be stopped forthwith and recourse to videoconferencing be taken for all purposes. The court banned transfer of prisoners from one prison to another except for decongestion, to ensure social distancing and medical assistance to ill prisoners. There should not be any delay in shifting sick persons to a nodal medical institution in case of possibility of infection, it said.

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Looking at the possible threat of transmission, the bench suggested maximum possible distancing among the prisoners including undertrials. “We also direct that prison specific readiness and response plans must be developed in consultation with medical experts.

It suggested creation of isolation wards, quarantine of new prisoners, preliminary examination of prisoners, availability of medical assistance, scanning of staff and other service providers at entry points, sanitisation and cleanliness of prison campus, wards, supply of masks, barring or limiting of personal visits for prisoners and suspension of group activities.

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