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Blanket extension of bail/parole will end on October 31, says high court
In an order dated October 20, a special bench of chief justice DN Patel, justice Siddharth Mridul and justice Talwant Singh said the interim stay extension order had been necessary as the functioning of courts was curtailed due to Covid-19 lockdown that came into effect on March 25.
The Delhi high court has ended its blanket order extending interim parole/bail of around 6,000 prisoners that were granted prior to and during the Covid-19 lockdown, and said it will no longer be in effect after October 31. All under trials, whose bail period was thus extended, have to surrender in a phased manner between November 2 and November 13, it said.
In an order dated October 20, a special bench of chief justice DN Patel, justice Siddharth Mridul and justice Talwant Singh said the interim stay extension order had been necessary as the functioning of courts was curtailed due to Covid-19 lockdown that came into effect on March 25. Also, there was an urgent need to decongest prisons to prevent the spread of Covid-19 among inmates.
The bench said the situation has now changed and all courts (at the high court and district courts) are functioning either in person or through video conferencing. It took note of the status report filed by the prison authorities and said there was no spread of Covid-19 in jails either and, of the nearly 16,000 inmates, only three had contracted the disease -- they have been segregated and admitted to hospital.
The observations by the bench came while hearing an application moved by one of the prosecutors in the north-east Delhi riots cases being heard by trial courts, seeking a modification of the high court’s July 13 and July 24 orders extending interim bails/paroles benefit to everyone granted the relief on or after March 16.
The application had alleged that the two orders were being misused by the accused in the riots cases as they sought bail on the grounds of family members being ill or other such grounds, and then kept extending the bail on the basis of the high court orders.
The lawyer told the bench that around 20 accused in riots cases were out on interim bail and are now enjoying benefits of the high court’s blanket order.
Those who would have to surrender before November 13 include 2,318 prisoners charged with heinous crimes and granted interim bail; 2,907 prisoners involved in minor crimes and granted interim bail; and 356 prisoners who were granted interim bail by the high court.
The court said the surrender process would start on November 2 with the prisoners of Central District, Tis Hazari Courts and would culminate on November 13 with the surrender of prisoners from Rouse Avenue Courts Complex, New Delhi, the high court said.
The three judge bench said the 2,318 prisoners accused in heinous crimes have the liberty to move the respective courts for extension of their interim bails and the courts concerned shall consider the said applications on its own merits.
“As far as 2,907 prisoners granted bail on the recommendation of high power committee are concerned, a request has been made to the committee to decided on these persons within 10 days,” the bench said.
The court said the jail authorities should make appropriate arrangements to ensure that measures suggested by government authorities to contain the spread of Covid-19 are in place.
The bench further said that the interim orders passed in civil matters, which were extended since March 25, “shall cease to have effect as on the next date of hearing”.
