New Delhi: In a significant decision, the Supreme Court of India has ordered all prisoners who were granted emergency parole by the High Powered Committee during the COVID-19 pandemic to surrender within 15 days. This order is in compliance with the Court's previous directives in a suo motu case during the first and second waves of the pandemic, which aimed to decongest jails by releasing prisoners.
The bench, comprising Justices MR Shah and CT Ravikumar, clarified that undertrial prisoners and convicts who were released on emergency parole or interim bail based on the recommendations of the High Powered Committee must surrender before the concerned prison authorities within 15 days. The bench further stated that after the prisoners’ surrender, they may apply for regular bail before the competent court, and their applications will be considered in accordance with the law. Similarly, convicts who were released on emergency parole can apply for suspension of their sentence before the concerned court in their appeals, which may be pending.
It is important to note that the Supreme Court had previously directed the constitution of High Powered Committees in States, comprising the Chairman of the State Legal Services Committee, the Principal Secretary (Home/Prison), and the Director General of Prison(s), to identify the classes of prisoners who can be granted emergency parole. This was done to avoid overcrowding in prisons during the pandemic.
The decision by the Supreme Court to order the surrender of all prisoners released on emergency parole during the pandemic will ensure that the rule of law is maintained and justice is served. The Court's direction will also provide an opportunity for those prisoners who wish to seek bail or suspension of their sentence to do so in accordance with the law.
It is worth noting that several convicts and undertrial prisoners, mostly those booked for non-heinous offences, were released during the pandemic in various states on the recommendations of the High Powered Committee. The Court's directive will help bring them back into the justice system and ensure that their cases are considered fairly and impartially.
