Thread by @barandbench

Supreme Court bench led by CJI Ramana is hearing the Suo Motu case on decongestion of prisons in light of COVID19

CJI NV Ramana: Present situation is very alarming. Prayers raised last time needs to be considered now again

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AG KK Venugopal: Two of associates are down with COVID, but I will manage. Now police will get exposed if prisoner is positive and vice versa. If handcuffing is permitted then

Justice Rao: Can we address this question later as now the question is about over crowding of prisons

Justice Rao: now the situation is very bad. With all the over crowding this is spreading. 90% of the people released were recalled after high powered committee suggested. we will wait for the HPC takes a call on it

SG Mehta: For Delhi, Commissioner of Police needs to be a member for the Delhi HPC

Senior Adv Colin Gonsalves: 45,000 were released and later brought back as COVID went down. Now the overcrowding is from 150 percent to 200 percent now. situation is very alarming now.

CJI: no dispute about these facts

Gonsalves: our suggestion is all those recalled should be released on regular bail so that we can avoid making a circle of applications. 92% have brought back and they need to be released.

CJI: Delhi has taken up the matter yesterday

Gonsalves: But we want you to form a national policy. There were certain HPC which were not functioning last time. wherever they were released on bail and recalled and they complies, they should be released on regular bail

SG: this would create difficulty

Gonsalves: thousands of people will be released and overcrowding will be contained

CJI: we cannot examine each state and give directions. Depends of facts and circumstances that's why local judges and DLSA are involved. Presently our concern is let them go out

Gonsalves: if they are released on regular bail then the HPC does not have to go into it. second, we seek an order for convicts on parole who were released earlier and recalled. if they can be released on parole for 90 days. third relief is with respect to arnesh kumar case

Gonsalves: there are two supreme court orders said arnesh kumar is to be followed as arrest cannot happen unless the sentence is more than 7 years

Justice Nageswara Rao: we will look at the third one later. We will look into the first one

CJI: we are not closing this issue. we are available in vacation also. we are only looking at overcrowding

Gonsalves: when HPC is not formed anywhere, please direct formation of the HPC therein

Gosalves: HPC needs to follow NALSA standard operating procedures. Its accepted by Supreme Court too.

CJI: we will consider the issues and pass the orders. let us deal with the emergent situation now. We are closing this now

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Gonsalves: HPC minutes of meetings need to be put on the website. This should be done forthwith. after HPC orders are made people don't get hold of it

Delhi HC Counsel: we have put up the minutes of meetings.

CJI: we cant compare delhi with other parts of the country

Adv Jayshree Satpute: Under foreigners tribunal, when they are released they need to come back to the station and present themselves. This needs to be recalled

Justice Rao: why is this being listed with this? let it be heard separately

SG: when an accused is present before court and no videoconferencing is there then there is a requirement to hold hands of the accused. But COVID19 can spread through this..

Justice Rao: now we know COVID is airborne and not only touch (laughs)... lets deal with this later

CJI Ramana: lets see where video conferencing is not available and accordingly we will look into this and now now

SG: please keep the IA pending

CJI: okay

Bench rises

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