City NGO moves HC, seeks speedy decongestion of Maharashtra prisons

A city-based non-governmental organisation moved the Bombay high court on Friday seeking speedy decongestion of prisons across Maharashtra, as ordered by the Supreme

A city-based non-governmental organisation moved the Bombay high court on Friday seeking speedy decongestion of prisons across Maharashtra, as ordered by the Supreme Court.

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Taking due note of the threat created by coronavirus pandemic, on March 23, the apex court directed all states and union territories to decongest prisons to the possible extent. SC ordered setting up of high-powered committees at state level to determine the class or classes of prisoners who could be temporarily released from prisons in the wake of coronavirus outbreak. The apex court said the states and union territories could release certain categories of prisoners, like undertrials facing charge of offences punishable with imprisonment for up to seven years or prisoners convicted for similar offences.

The petition filed by Global Care Foundation, through advocate Tanveer Nizam, states that the Maharashtra government, accordingly, set up a high power committee and according to a release issued by home minister Anil Deshmukh, it has been decided to released two categories of prisoners - under-trial prisoners and convicts sentenced to imprisonment for upto seven years. The petition adds that approximately 11,000 prisoners were, this, expected to be released on emergency parole for 45 days.

“This order should be implemented at the earliest as grave and irreparable loss will be caused, especially in view of the fact that State of Maharashtra leads number of infections in India and is the worst hit with the pandemic and each day there is a great surge in the number of cases,” states the petition.

“That, despite the eminent danger to lives of inmates and the only option of quarantine as a sole suggested measure, should the authorities fail to consider releasing the categorised inmates it would lead to loss of lives of inmates,” it adds.

It has urged the high court to order the state government to forthwith release about 11,000 prisoners falling in categories identified by the high power committee either on emergency parole or furlough leave for a period of 45 days.

The NGO has also sought list of the categorised prisoners and permission to allow the petitioner body to deposit bail amount ranging between Rs. 3,000 to 5,000 per prisoner. The petitioner body has offered to deposit the bail amount on behalf of the categories prisoners in order to ensure the process is not delayed any further.