Thread by @barandbench

Bench led by Chief Justice Dipankar Datta of #BombayHighCourt to hear suo motu public interest litigation (PIL) case on the rise in #COVID19 cases in #Maharashtra prisons today.

#COVIDEmergency2021 #CovidIndia #maharashtralockdown

Sr Adv Mihir Desai is the amicus curiae in the case.
Advocate General Ashutosh Kumbhakoni to appear for State.

#COVIDEmergency2021 #CovidIndia #maharashtralockdown #BombayHighCourt #COVID19

Hearing begins.

Court (to Chief Public Prosecutor Deepak Thakare) Where are figures about prison inmates and staff who are positive?

Court: As per our last order, we passed 9 directions. We will take one one direction and see if they are complied with.

The first is HPC meeting.

Chief PP: The HPC had a meeting, the minutes are not yet available.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

Court: We have read somewhere in your note that prison staff has been declared frontline worker. Where is that?

Sr Adv Desai: that was in the Delhi HC order which I have annexed in my compilation

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Court: Have you declared them as frontline workers? And what about vaccination of inmates who do not have Aadhaar card?

Desai: I have an SOP in the morning in which the Centre has clarified that prisoners without SOP can also be given vaccination. This SOP was issued on May 6.

Court: These inmates have to be registered on the #CowinPortal .

Desai: Yes but without details of Aadhaar.

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Court (to PP): the SOP has been issued. Why do you say the matter is pending?

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Court: If the individual has none of the 7 identity cards, he can still be vaccinated.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

Court (to PP): so follow this SOP for vaccination.

What about the doctors in correction homes? We had recorded that there were only 3 doctors, ayurveda practitioners.

Your note is silent on this aspect.

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Court: In these difficult times, 1/3rd is vacant. You may say there are doctors, but then you have to show us how have you divided them amongst all correctional homes.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

Court: What are the total number of inmates at Yerawada Central Prison today?

Chief PP: 5911.

Court: So for such a huge population, not even one doctor?

Chief PP: There are vacancies.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

Court: It has been over a year into the pandemic. How long will you depend on hospitals? Sassoon and others, as it is are burdened.

CJ Datta: We are not asking you to increase the sanctioned numbers.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

CJ Datta: We are merely asking you to fill up sanctioned eats so that there are no vacancies remaining. You have sanctioned a number keeping in mind the need for those many, so then why not fill them up?

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

CJ Datta: We will make certain observations on this.

So far as our order - it makes reference to the application by Adv Sudha Dwivedi.
We may consider directing that the HPC guidelines may be considered while granting release of prisoners.

#CovidIndia #COVIDEmergency2021

CJ Datta: What has the Undertrial Review Committee done on the NALSA recommendations?

Desai: They were accepted by the #SupremeCourt.

CJ Datta: We have asked for information on the UTR. Next week we will hear on that.

#CovidIndia #COVIDEmergency2021 #BombayHighCourt

Desai informs the Court about the order of the Supreme Court directing High­ Powered Committees (HPC) constituted by the State Governments/ Union Territories to immediately free such prisoners temporarily.

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Desai mentions the direction of telephone communication of inmates with their relatives is not being followed.

Court: There is dearth of particulars. You may say there are not following, they (State) may say they are being followed. But we will consider this.

Prof Vijay Raghavan of Centre of Criminology and Justice makes submissions.

Prof: It is easier when vaccinations are done in camps inside the prison rather than taking them to the civil hospitals. Like States like Punjab andHaryana.
And the prison staff may also be vaccinated.

Prof: If prisoners like the HIV+ patients, pregnant women, patients of TB, could be considered by the HPC for release.

Desai: Delhi HPC records that according to DG Prisons, prisons staff was declared frontline worker, and they were directed to be vaccinated.

Court: Tihar has a hospital. Do we have such hospitals?

Chief PP: Taloja and Yerawada also have prison hospitals.

Court: Are they manned with doctors and medical staff?
Amravati Central Prisons has only one doctor.

Court: MBBS doctors are class one post - how many are there?
Call for these particulars and we will hear you in the next hearing.

#COVID19 #BombayHighCourt

Adv EB dixit appearing for Sudha Dwivedi, an intervenor submits that the HPC had framed guidelines in the previous hearing that prisoners with less than 7 years imprisonment punishment were also being arrested and put into jails.

#COVID19 #COVIDEmergency2021

Court pointed out that they were not going to look into this issue.

Court: The appropriate criminal court is competent to decide which accused gets bail. The HPC guidelines have been upheld by Division Bench of this Court upto the Supreme Court.

Court: But please do not embarrass us like this. File appropriate application if you are objecting to any guidelines.

Court indicates it will pass a detailed order today.

Adjourns hearing to next Wednesday.

#COVID19 #COVIDEmergency2021