Thread by @barandbench

#BombayHighCourt to hear their Suo Motu PIL pertaining on the rise in COVID-19 cases in #Maharashtra prisons today.

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Bench led by Chief Justice Dipankar Datta had agreed to certain suggestions proposed by the #MaharashtraGovernment in the previous hearing.

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Hearing begins.

AG Ashutosh Kumbhakoni begins submissions. Submits an order of the #SupremeCourt where the issue was can prisoners be shifted without court’s permissions. This was about undertrial prisoners.

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AG: The appeals were filed by State of Maharashtra. The respondents sought transfer from Arthur road jail to another jail and then back to Arthur road.

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AG: Request was transfer was proceeded on two distinct grounds. There was over crowding and problems of management. And that some prisoners were not required to be detained in the prison.

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AG reads from the judgment.

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AG: IN short it appears that it has to be judicial order of the court. The Court will apply on case to cases basis, the prison has to be heard, and then reason have to be applied.
So then we cannot do it overnight.

CJ: So then what you have sought in your affidavit?

AG: Yes that cannot be sought.

CJ: Yes, because we also do not have powers.

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AG: That is one, the second is on the data asked regarding the crime rate in the state after April 13 #BreakTheChain order.

Court is perusing the document tendered to it.

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Court: This is from 2019-2020 data.

AG: We could not get the data from April 13 in a day. But I will submit next day.

Court: And it seems the crime rate has gone up despite lockdown. Dacoity, Theft, Rape, Molestation, Kidnapping gone down.

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Court: Have you received suggestions of Sr Adv Mihir Desai?

AG: Yes, I have forwarded the suggestions.

Court: Even on last Tuesday, the situation was not as grim as today. It is getting worse by the day.

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Court: As for the permission to shift, we are not passing any order as they require permission from the #SupremeCourt.

So we will take this matter on Tuesday. The prison authorities and Mr. Kumbhakoni will take instructions on your suggestions.

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Sr Adv Mihir Desai appearing for an intervening NGO submits: Along with my recommendations, there are two other organisations working for prisoners have sent me recommendations. These are people working with prisoners. I have sent them to the AG. Those may also be considered.

Court: Are they intervening? Are they filing application?

Desai: No they sent to me.

Court: Then you act as amicus and compile and send to AG.

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Court: We have said in the order that if for equitable distribution of prisoners, you want to transfer prisoners, you can apply to the Magistrate, and we have expressed hope that he will consider the same on its merit.

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Hearing ends.

Matter to continue on Tuesday.

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