Thread by @barandbench

#SupremeCourt to shortly hear plea by an undertrial prisoner from Uttarakhand stating that undertrials cannot be equated with convicts for the purpose of grant of parole to prevent over-crowding in jails amid the #COVID pandemic. Plea seeks parole in line with recent SC order

The petitioner stated that the decision of the State High Powered Committee (HPC) to deny the benefit of parole to undertrial prisoners charged with offences punishable with more than 7 years' imprisonment, would be violative of Article 21 of the Constitution.

Adv Rishi Malhotra: Supreme Court had directed to formed high powered committees so that decision can be taken to release prisoners owing to over crowding of jails. Recently CJI NV Ramana led bench asked HPC to issued orders to consider the undertrial cases afresh

Malhotra: Now please look at the Uttarakhand HPC order.

Justice Saran: this is an order passed before May 7 SC order?

Malhotra: Uttarakhand HPC has not even discussed granting bail to undertrials afresh.

Malhotra: HPC did not even consider the case of fresh under trials. Please see the anomaly of this with the earlier order. I am facing cases under Section 406 and 420 IPC. i don't even face a case under heinous offence sections

Justice Saran: have you filed an application in HPC

Justice Saran: we will direct Uttarakhand to consider your case afresh in light of the May 7, 2021, order of the #SupremeCourt

Malhotra: One cannot equate undertrials with convicts. The parameter of 7 years can be made applicable to undertrials.

Justice Gavai: thats why we are asking HPC to consider this in light of the May order of Supreme Court

Malhotra" The earlier order of the state HPC is the problem. They will never consider my case as the section 467 is invoked against me. They have an embargo of 7 years for undertrials.

Justice Saran: then we issue notice returnable in two weeks for both bail and this HPC issue