Extension of bails, paroles meant to contain Covid-19 spread in jails, clarifies high court

A Delhi high court Friday clarified its order on the extension of interim bail and parole and said it was extending these repeatedly only to prevent the possible spread of Covid-19 among jail inmates from those returning after the expiry of their bail or parole period.

A Delhi high court Friday clarified its order on the extension of interim bail and parole and said it was extending these repeatedly only to prevent the possible spread of Covid-19 among jail inmates from those returning after the expiry of their bail or parole period.

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A three-judge bench of chief justice DN Patel, justice Siddharth Mridul and justice Talwant Singh said they are extending the bail/parole so that prisoners do not return and spread the virus further.

The clarification was given after a plea was moved by a convict whose interim bail was not extended by a judge stating that the July 13 order of the high court, extending all such reliefs till August 31 was not applicable to the convict.

The judge said the July 13 order was only applicable to those eligible for interim bail or parole as per the criteria laid down by the high powered committee (HPC) which was set up on the Supreme Court’s directions to decongest prisons and thereby contain the spread of Covid-19 within the prison walls.

The bench further said the extension order was passed as the director general of prisons had said the jails were overcrowded and it would be difficult to contain the spread of Covid-19 if they are not decongested.

“You cannot approbate and reprobate in the same breath,” the bench told DG Prisons, represented by Delhi government standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain.

The bench said though there was no ambiguity in its July 13 order, it will clarify it further.

The July 13 order had come on a suo mottu plea by the high court in April to ensure that expiry of orders during restricted functioning of the courts would not affect litigants, lawyers or prisoners since they would not be able to approach the courts during the lockdown, which was in force then.

The detailed order of Friday (July 24) is awaited. The main petition is listed for hearing on August 24 when the bench would decide on whether to further extend the interim orders.