NEW DELHI: The Delhi High Court Tuesday extended the interim bail of 2,901 undertrial prisoners by 45 days to de-congest jails here in the wake of the persisting coronavirus pandemic.
Justices Siddharth Mridul and Talwant Singh passed the order in view of a high-power committee's observation that it may not be possible at this juncture to predict definite cut off date for resumption of normal functioning of the court system, and there is no certainty as to when the pandemic threat will be over cutting the need for social distancing'.
The court said the interim bail of these undertrials is extended by 45 days from the date of expiry of the relief on the same terms and conditions and listed the matter for further hearing on September 18.
The bench, which was conducting the hearing through video conferencing, directed the Director General (Prisons) to ensure that the order was conveyed to all 2,901 under-trial prisoners (UTPs) by telephone and other available modes.
The committee, headed by Justice Hima Kohli, in its July 31 meeting, said it was of the opinion that a judicial order would be required from the high court on the issue of extending interim bails and recommended for it.
During the hearing, the bench asked about the number of total undertrials released so far due to the pandemic and number of inmates in jail.
Delhi State Legal Services Authority (DSLSA) member secretary Kanwal Jeet Arora informed the bench that by July 30, a total of 4,439 undertrial prisoners, convicts were released on interim bail or parole or remission of sentence and there are around 14,000 inmates in jail against the holding capacity of 10,026.
Before the process of de-congesting jails began, there were 18,000 inmates in prison.
To this, the bench said, you must bring this fact to the notice of the high powered committee.
Regarding the number of COVID-19 positive inmates in jail, Arora said out of 61 positive prisoners, 55 have recovered, three are active cases, one released on bail and two are quarantined. Two others died of the virus in Mandoli jail, he said.
Regarding the number of jail officials who are found to be COVID-19 positive, he said a total of 165 staff were suffering from the virus and 143 have recovered, 22 are active cases and almost all were home quarantined.
During the hearing, Delhi government standing counsel Rahul Mehra and advocate Chaitanya Gosain, appearing for the prison authorities, said they have no objection to the extension of bail.
"Accordingly, it is ordered that the interim bails for a period of 45 days granted to 2,901 UTPs, in view of the recommendations of HPC are hereby extended by another period of 45 days from the date of their respective expiry of interim bails on the same terms and conditions," the bench said.
Arora also submitted that the situation was the same and it was not possible to take the undertrials back in jail at this time and urged the court to further extend the relief period.
The high powered committee was formed on the order of the Supreme Court in March to lay down guidelines to decongest jails and prevent the spread of the coronavirus.
The matter was placed before Chief Justice D N Patel, who on May 7 issued verbal directions to set up the bench on Saturday, May 9.