Thread by @barandbench

[ #SuoMotu case of COVID-19 in Prisons]

#SupremeCourt

Supreme Court bench led by Justice L Nageswara Rao to resume hearing the plea to prevent spread of coronavirus virus in prisons

#prisons

Senior Adv Dushyant Dave: I had the notice of an earlier hearing. I apologize for not being present.

Dave: On May 7 you had virtually continued the orders passed on March 16, 2020. I submit that all states submit a fresh affidavit reflecting compliance of your order and total prisoners who contracted COVID, how many died and the present status. May do so with 4 to 6 weeks time.

Dave: Then the matter can be kept for the last week of July since the 90 day period is there.
#supremecourt

Senior Adv Colin Gonsalves: There is an IA which states that remission is at a standstill since the remission board is not functioning.

Justice Rao: Amicus says to call for reports from states, we will ask also details on remission from states. we will note it

Justice Rao: we have seen that IA filed by Advocate Talha Abdul Rahman.

Adv Shoeb Alam appears

Justice Rao: we will ask states to constitute a remission board and proceed with matters

@talhaarahman

Alam: DLSA in Himachal Pradesh is helping in identifying to identify the prisoners eligible for remission

Justice Rao: we cannot specifically listen to HP without hearing other states

AAG UP Garima Prashad: Now as per SC order its not temporary remission and its permanent remission

SC: We are not passing orders for any High Powered committee today

ASG Aishwarya Bhati: DLSA has filed an application seeking clarification of the earlier order

SC: Please mention this before CJI NV Ramana led bench

Gonsalves: There are two IAs by terminally ill patients

Dave: All my friends at the bar please keep sending me the IAs and documents so that I am in the knowhow

Justice Rao: Yes we will say that

A lawyer states the High Powered Committee is not considering the pending release applications

Justice Rao: that is not correct.

Dave: large number of people have been released including pending appeals

Justice Rao: we are not hearing any IA

ORDER

Justice Rao: This application is filed for a direction to the HPC to issue directions to prison authorities so that cases prisoners eligible for premature release as per 432 and 438 of CRPC is considered. We have heard Senior Adv Dave, amicus curiae and Adv Shoeb Alam

Justice Rao: Amicus submitted that states and UTs should be directed to file affidavits indicating the compliance of the earlier order giving us particulars of prisoners released on parole and bail.

Justice Rao: states are directed to file an affidavit in 4 weeks giving details of prisoners released in pursuance of our past orders. states to also provide info on number of deaths owing to COVID19.

Justice Rao: In May 7 order though there is no mention of release of prisoners who are entitled for premature release, it is clarified that competent authorities, remission boards etc which have continued to proceed to consider application take into account pending appeals too.

Justice Rao: Matter to be listed in third week of July