Two undertrial prisoners booked under the Maharashtra Protection of Interest of Depositors (MPID) Act moved the Aurangabad Bench of the High Court on Friday. They have challenged the decision of the high powered committee constituted by the State to not include those charged under the MPID Act for release to prevent overcrowding in prisons in view of the novel coronavirus outbreak.
Nitin Shelke and Madhukar Suryawanshi were booked under provisions of the Indian Penal Code and the MPID Act and sentenced to six years in jail. They are lodged at Harsul Jail in Aurangabad, which has a sanctioned strength of 589 and a total strength of 1,828. However, only 74 prisoners were granted temporary release.
In a bid to ensure social distancing, the Supreme Court had directed the State government to constitute a committee comprising the chairman of the State Legal Services Committee, the Principal Secretary (Home/Prison), and the Director General of Prisons, to determine which prisoners can be released on parole or interim bail.
On March 25, the committee directed prisoners, both undertrials and convicts, accused of offences punishable with sentences of seven years or less be released on temporary bail or parole.
Through advocates Satish Talekar and Madhavi Ayyappan, the undertrials challenged the decision and said the classification of offences under the IPC and special laws like the Maharashtra Control of Organised Crime Act, Prevention of Money Laundering Act, MPID, Narcotics Drugs and Psychotropic Substances Act, Unlawful Activities Prevention Act, is arbitrary and without any basis.
The 117-page petition states, “The accused are booked under the MPID Act wherein the maximum punishment is six years. However, despite being otherwise eligible for availing the bail, the petitioners are left out due to the arbitrary classification made by the committee.”
They have also alleged that the Under Trial Review Committee has failed to conduct meetings and take decisions regarding release of undertrials on a weekly basis, as directed by the Supreme Court.
Justice R.G. Awachat has posted the matter to be heard on April 8.
