COVID-19 in Maharashtra jails: Sorry state of affairs, says Bombay HC

The Bombay HC asked Advocate General (AG) Ashutosh Kumbhakoni to inform the court of details of testing for coronavirus in prisons across the state. This came a day after Maharashtra additional director general (ADG) of police Sunil Ramanand informed the court that four persons had died of COVID-19 in three separate prisons in the state and that they were tested for the infection only after their death.

Mumbai: A day after Maharashtra additional director general (ADG) of police Sunil Ramanand informed Bombay HC that four persons had died of COVID-19 in three separate prisons in the state and that they were tested for the infection only after their death, the Bombay High Court on Tuesday said the submission "revealed a very sorry state of affairs".

A bench of Chief Justice Dipankar Datta and Justice KK Tated asked Advocate General (AG) Ashutosh Kumbhakoni to inform the
court of details of testing for coronavirus in prisons across the state.

The bench also asked the AG to respond to the ADG's submission that the prison authorities do not have sufficient space to place coronavirus positive inmates in quarantine.

The court was referring to arguments made by senior counsel Mihir Desai on lack of adequate testing and medical safeguards for prison inmates, and to submissions made by Ramanand in a compliance report affidavit submitted before the bench on Monday.

The ADG (Prisons) had submitted the affidavit in compliance with a previous order of the court that has been hearing a Public Interest Litigation filed through advocate Desai by People's Union for Civil Liberties and other individual petitioners.

The PIL seeks that the state be directed to ensure safety of all prisoners currently lodged in Arthur Road Jail, and also prisons across Maharashtra, in light of the news that several inmates and jail staff had tested positive for coronavirus.

The ADG's affidavit stated that four inmates had died, one in Pune's Yerwada jail, one in Dhule, and two in Taloja jail, and swabs tested post death returned positive for coronavirus.

The affidavit also stated that prison authorities might not be able to conduct mass swab testing of asymptomatic inmates "until express assurance of quarantine facility" was given by municipal commissioners or collectors "as many prisons in the state are overcrowded".

Advocate Desai however told HC on Tuesday the very submissions of the state authorities showed that immediate corrective steps were required to be taken to increase testing facilities for inmates.

"The report of the ADG (Prisons) reveals a very sorry state of affairs. Four inmates of correctional homes, who were undertrial prisoners, have passed away while being lodged there. Swab samples collected after their death revealed that the deceased were suffering from COVID-19," the court said.

"Having regard to the facts and figures, we consider it necessary to request the Advocate General for Maharashtra to appear in these matters and to obtain appropriate instructions from prison authorities on the points raised," it said while posting the matter for further hearing to Friday.

PTI