Coronavirus: Will grant special parole to convicts to decongest prisons, Delhi govt tells HC

Delhi govt, in order to check the spread of COVID-19 among prisoners, has decided to decongest the prisons. The govt will be providing convicts with the options of special parole and furlough.

New Delhi: The AAP government informed the Delhi High Court on Monday that it has decided to decongest prisons to check the spread of coronavirus by providing convicts with the options of special parole and furlough.

The Delhi government told a bench of Justices Hima Kohli and Subramonium Prasad that it was going to amend its prison rules to provide the options of special parole and furlough.

Another proposal mooted is to amend the prison rules and introduce the expression of 'emergency parole' which shall authorise the government to grant parole for up to eight weeks in one spell, in addition to the regular parole of one month, subject to conditions, Delhi government's additional standing counsel Anuj Aggarwal said.

He said a notification would be issued within a day to amend the prison rules to include the new provisions.

Parole, under the existing prison rules, means releasing a prisoner for not more than a month to maintain social ties after he or she has served a minimum one year of their awarded jail term.

Under the existing prison rules, furlough is a leave granted as a reward for good conduct to a convict sentenced to five years or more jail term and who has undergone three years thereof. Once eligible, a prisoner is granted 49 days furlough each year.

Taking note of the submissions, the bench directed the Delhi government to take steps within two days to implement what it has proposed and disposed of a plea moved by four lawyers seeking decongesting of the prisons in view of the coronavirus pandemic.

The bench did not examine the matter further, saying a similar issue has been taken up by the Supreme Court on its own.

According to the yet-to-be-notified decision of the Home Department of the Delhi government, special parole would be for a 60-day spell in case of emergent situations like an epidemic or a natural disaster or any other situation which warrants easing of the inmate population.

The proposed rule with regard to special furlough states it would be provided "to such category of prisoners and for such number of days as may be specified in the order, in the event of emergent situations like an epidemic or a natural disaster or any other situation which warrants easing of the inmate population".

These new provisions would be available for eligible prisoners who have served a minimum one year of the sentence awarded to them, he told the court.

The government was also contemplating reducing the undertrial prisoners' population by expediting their bail process or by granting interim bail on a personal bond to those booked for offences where punishment is seven years or less and the inmate has completed minimum three months in jail.

Aggarwal said the Delhi State Legal Services Authority (DSLSA) and the District Judge concerned would be holding a meeting to work out the modalities.

Taking note of the submission, the court asked that the meeting be held expeditiously.

In India, according to the Health Ministry, there are 415 confirmed cases of coronavirus infection with around 29 of them in Delhi. At least seven people have died in the country due to the virus.

Another plea, by two other lawyers, seeking steps to prevent the spread of COVID-19 in prisons was listed before a bench of Justices Vipin Sanghi and Rajnish Bhatnagar.

It, however, was adjourned to March 30 as one of the judges on the bench was on leave.

The second petition has sought directions to the jail authorities to keep new undertrial prisoners in a separate ward, maintain adequate hygiene, carry out medical checkups and treatment, create isolation wards and make arrangements for detection and reporting of coronavirus infections if any.

PTI report