HC panel eases criteria for release of undertrials

To decongest jails in the wake of COVID-19, 1,500 convicts identified to be released on ‘Emergency Parole’

March 31, 2020 11:41 pm | Updated 11:41 pm IST - New Delhi

A high-powered committee, headed by a Delhi High Court judge, has relaxed the criteria for release of undertrial prisoners on interim bail from city jails in the wake of COVID-19 pandemic.

The Supreme Court recently took up the issue of overcrowding of prisons as a matter of serious concern, pursuant to the spread of COVID-19 across the globe. The Delhi government had constituted a high-powered committee, comprising Delhi High Court judge Justice Hima Kohli, Executive Chairperson of State Legal Services Authorities, Principal Secretary (Home) and Director General (Prisons) for working out the modalities of the plan.

To decongest prisons, a total of 1,500 convicts have been identified to be released on “Emergency Parole” for a period of eight weeks. At least, 500 undertrial prisoners were identified on the basis of earlier criteria to whom interim bail for a period of 45 days has been granted.

The interim bail criteria for UTPs, who are facing trial in a case, prescribes a maximum sentence of seven years or less. It has also been relaxed for UTPs who are in custody for a period of one month or more. In the case of women UTP, if she is in custody for a period of 15 days or more, she can avail of the benefit of relaxed interim bail criteria.

The conditions for interim bail has, however, not been relaxed for inmates who are undergoing trial for intermediary or large quantity recovery under Narcotics Drugs and Psychotropics Substances Act. Also, those UTPs who are facing trial for sexual assault for children, rape, and acid attack will not be given interim bail relaxation. The relaxed norms will also not apply to foreign nationals.

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