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.

#COVIDEmergency

Sr Adv Mihir Desai is the amicus curiae in the case.
Advocate General Ashutosh Kumbhakoni with Chief Public Prosecutor Deepak Thakare to appear for State.

#COVIDEmergency #BombayHighCourt

Hearing begins.

Thakare begins his submissions.

Thakare gives the prison wise statistics.

#COVIDEmergency #BombayHighCourt

Thakare gives number of prisoners who are released on temporary bail, parole.

#COVIDEmergency #BombayHighCourt

Thakare submits that 7 more temporary jails have been added which can act as Covid centres.

#COVIDEmergency #BombayHighCourt

Thakare: The number of active prisoners have increased, and the staff has reduced.

Court: And you keep the active prisoners in covid centres?

#COVIDEmergency #BombayHighCourt

Thakare: Yes

Court: What is the reason behind having decreasing number of staff and increasing prisoners?

#COVIDEmergency #BombayHighCourt

Court asks about the appointment of doctors and filling up of the posts.

Thakhare: I have been assured that the posts will be filled upto 100% by mid-June.

#COVIDEmergency #BombayHighCourt

Court: This has to be a continuous process. There has to be system in place. It is not like 18-20 posts are filled and then in some time you release advertisements.

#COVIDEmergency #BombayHighCourt

Thakare: Milords can pass such directions...

Court: This is the State’s obligation, why should we pass directions?

#COVIDEmergency #BombayHighCourt

Court asks Desai to make his submissions.

Desai: There needs to be a decision on the cases of interim bail pending for over a year.
I don’t know why they were pending, because they were interim applications.

#COVIDEmergency #BombayHighCourt

Desai: These are for both magistrate and sessions court level. Some urgency needs to be shown.

#COVIDEmergency #BombayHighCourt

Desai: Second thing is as far as filling up of vaccination part is concerned.
Stock of vaccine not being there, that has to be considered.

#COVIDEmergency #BombayHighCourt

Desai: Out of 1093 only 393 have Aadhar cards. On the last occasion milords passed an order that Aadhar card is not mandatory.

Thakare: We have issued directions to all prison authorities to not insist on Aadhar.

#COVIDEmergency #BombayHighCourt

Thakare: Since vaccines are not available, we are waiting.

We have conducted the camp drive in almost 6 prisons.

Court: But 4913 is not a good figure. You should have tried for procuring more vaccines.

#COVIDEmergency #BombayHighCourt

Court: Have you made a requisition?

Thakare: We have already made an application. Supreintendent is in touch with the officers.

Thakare: Yesterday we carried out vaccination within Taloja. Whatever and whichever way available, we are doing it.

#COVIDEmergency #BombayHighCourt

Court: Mr Thakare’s words are very encouraging!

Thakare: Hence I pray for directions. We try as far as possible, to comply with orders.

#COVIDEmergency #BombayHighCourt

Desai: In USA, vaccination was carried out without PILs, our executive need some prodding in this country.

#COVIDEmergency #BombayHighCourt

Court breaks for lunch. Will continue with this hearing after hearing the vaccination PIL.

#COVIDEmergency #BombayHighCourt

Hearing resumes.

Court: We have been told that by 4 pm today we will have 2 lakh vaccines. Can some be allocated to the prisons?

#CovidIndia #BombayHighCourt

Court: Out of total population of 11.4 crores only 2 crores are vaccinated. And 2 lakhs in this is what, a drop in the ocean.

#CovidIndia #BombayHighCourt

Government Pleader Geeta Shastri leaves the courtroom to take instructions.

#CovidIndia #BombayHighCourt

Prof Vijay Raghavan gives two suggestions to the Court:
1. Assistants in the prison. They have to face attacks from prisoners.
In addition to doctors in the prison, they can also fill up vacancies for lab assistants and technicians.

#CovidIndia #BombayHighCourt

Raghavan: 2. Is that the COVID centres do not have adequate safety. That can be looked into.

3. There were suggestions by the Radhakrishna Committee that there is shortage of civil surgeons.

Court: Can you please place this on an affidavit.

#CovidIndia #BombayHighCourt

Court: We hope and trust that out of the 2 lakh vaccines some would be allocated to the jail authorities for administering to the deserving prisoners.

#CovidIndia #BombayHighCourt

Heating ends.

Matter to be taken up on June 2, 2021.

#CovidIndia #BombayHighCourt