Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prisoners Pandemic Novel Coronavirus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Prisoners – Pandemic – Novel Coronavirus (Covid-19) –Decongestion of prisons – The Supreme Court had taken note ofthe pandemic situation and registered a Suo Motu Writ Petition (Civil)No. 1/2020 and in that context also referred to the decision takenby the government of India to issue an advisory regarding socialdistancing – The Court directed that each State/Union Territory shallconstitute a High Powered Committee (HPC), to determine whichclass of prisoners can be released on parole or an interim bail forsuch period as may be thought appropriate – Pursuant to thedirection, a High-Powered Committee was constituted in respect ofthe prisons in the State of Maharashtra – As per the guidelines, theCommittee has classified the inmates of the prisons, broadly intothree categories, viz. (i) undertrial prisoners/convicted persons whoare facing trial or convicted to the maximum punishment of 7 yearsor less, (ii) The convicted persons whose sentence is above 7 yearsand (iii) The undertrial prisoners or convicted persons who arebooked for serious economic offences/ bank scams and offencesunder Special Acts such as MCOC, PMLA etc. – The petitionersalleged discrimination in categorisation – The High Court held thatthe decision of HPC does not call for interference except to theextent of observations that were made in paragraph 36 of the order– On appeal, held: The said categorisation cannot be consideredas unreasonable since at the first instance, the categorisation isrequired by the Court for grant of interim bail if such undertrial/convicted person is seeking bail purely on taking benefit of thenotification issued pursuant to such decision taken by the HPC –The exclusion made has a reasonable basis and cannot be termedarbitrary – The present methodology for grant of the interim bail iswith the intention to avoid overcrowding in the unprecedentedcircumstance and the grant of bail in the present circumstances isan additional benefit to such persons – In that circumstance whathas been curtailed by the HPC by excluding certain categories isonly with a view to deny the benefit to certain category of jail inmateswho are charged with serious offences which as an adverse effecton the society at large though the length of the punishment that canbe imposed may be lesser – Such of those persons charged underthe special enactments or convicted for a period, more than 7 yearsin any event if they are not otherwise disentitled to bail in the normalcircumstance could still seek bail in accordance with law – All thatthe HPC has denied them is the benefit of seeking interim bail onlyon the ground that they are entitled to be released in view of theCovid-19 situation and no other legal right has been denied – TheHigh Court was accordingly justified in its conclusion. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2020 INSC 558 |
Petitioner | National Alliance For People’s Movements & Ors. |
Respondent | The State Of Maharashtra & Ors. |
SCR | [2020] 8 S.C.R. 997 |
Judgement Date | 2020-09-22 |
Case Number | 4116 |
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