Supreme Court Orders Surrender of Prisoners Released on Emergency Parole/Interim Bail During COVID-19 Pandemic

Date of the Judgment: March 24, 2023

Citation: [Not Available in Source]

Judges: M.R. Shah, J. and C.T. Ravikumar, J.

Can prisoners released on emergency parole or interim bail during the COVID-19 pandemic be ordered to surrender now that the situation has normalized? The Supreme Court of India addressed this question, focusing on the need for prisoners released due to the pandemic to return to custody. This judgment clarifies that the release was not based on the merits of the cases but due to the extraordinary circumstances of the pandemic. The bench comprised Justices M.R. Shah and C.T. Ravikumar.

Case Background

In response to the COVID-19 pandemic, the Supreme Court of India initiated a Suo Moto Writ Petition (C) No. 01/2020 concerning the contagion of the virus in prisons. To mitigate overcrowding and prevent the spread of the virus, the Court directed all States and Union Territories to form High-Powered Committees. These committees were tasked with identifying categories of prisoners who could be released on parole or interim bail. Consequently, many prisoners were released on emergency parole or interim bail, not based on the merits of their cases, but due to the exigency of the pandemic.

Timeline:

Course of Proceedings

The Supreme Court, through its orders on 23.03.2020, 07.05.2021, and 16.07.2021, directed the release of prisoners to manage overcrowding during the pandemic. Initially, the High-Powered Committee in Delhi released 4683 prisoners. Subsequently, a second wave of COVID-19 led to further releases, totaling 3630 undertrial prisoners and 751 convicts. The Court later ordered that these prisoners need not surrender until further notice. However, by June 2022, the Court granted 15 days for prisoners to surrender. The Director General (Prisons), New Delhi, then sought clarification regarding the surrender of these prisoners, leading to the current application.

Legal Framework

The judgment primarily concerns the implementation of orders passed by the Supreme Court in the context of a Suo Moto Writ Petition related to the COVID-19 pandemic. The core issue revolves around the interpretation and execution of the Court’s directives to release prisoners on emergency parole or interim bail to decongest prisons. There are no specific statutes or provisions of law discussed in the judgment.

Arguments

The Director General (Prisons), New Delhi, represented by Ms. Aishwarya Bhati, learned ASG, argued that:

• The prisoners were released on Emergency Parole/Interim Bail due to the COVID-19 situation and not on merits.
• The COVID-19 situation has now normalized, and therefore, the prisoners must surrender.
• The Supreme Court’s order dated 03.06.2022, which granted 15 days for prisoners to surrender, supports this position.
• Out of 751 convicts released, 71 have surrendered, and out of 3630 undertrials, 267 have surrendered. The remaining 680 convicts and 3365 undertrials need to surrender.

Submissions Table

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues in the judgment. However, the core issue addressed was:

1. Whether prisoners released on emergency parole or interim bail due to the COVID-19 pandemic should be directed to surrender now that the situation has normalized.

Treatment of the Issue by the Court

Authorities

The Court considered its own previous orders in Suo Moto Writ Petition No. 01/2020, specifically:

• Order dated 23.03.2020: Directing the constitution of High-Powered Committees to release prisoners.
• Order dated 07.05.2021: Directing the grant of 90-day parole to previously released inmates.
• Order dated 16.07.2021: Ordering that released prisoners should not surrender until further orders.
• Order dated 03.06.2022: Granting 15 days for prisoners to surrender.

Authority Consideration Table

Judgment

The Supreme Court allowed the application filed by the Director General (Prisons), New Delhi, and directed all undertrial prisoners and convicts released on Emergency Parole/Interim Bail to surrender within 15 days. The Court emphasized that the release was not on merit but due to the COVID-19 pandemic. The Court also clarified that after surrendering, undertrials could apply for bail and convicts could apply for suspension of sentence, to be considered on their own merits.

Treatment of Submissions by Court

How each authority was viewed by the Court?

The Court relied on its previous orders to justify the direction for surrender. Specifically:

• The order dated 23.03.2020 was the basis for the initial release of prisoners to decongest jails.
• The order dated 07.05.2021 extended the release period due to the second wave of COVID-19.
• The order dated 16.07.2021 provided a temporary respite from surrender.
• The order dated 03.06.2022 indicated that the time for temporary release was over and a surrender was necessary.

What weighed in the mind of the Court?

The primary factor influencing the Court’s decision was the normalization of the COVID-19 situation. The Court emphasized that the release of prisoners was a temporary measure to address the pandemic and not a decision on the merits of their cases. The need to restore the normal functioning of the judicial and prison systems was paramount.

The Court’s reasoning was primarily based on the legal interpretation of its previous orders and the changed circumstances due to the normalization of the pandemic situation.

Logical Reasoning

Key Takeaways

• Prisoners released on emergency parole or interim bail due to the COVID-19 pandemic must surrender within 15 days.
• The release was a temporary measure and not based on the merits of the cases.
• After surrendering, undertrials can apply for bail, and convicts can apply for suspension of sentence, to be considered on their merits.
• The judgment emphasizes the need to restore normal functioning of the judicial and prison systems post-pandemic.

Directions

The Supreme Court directed that all undertrial prisoners and convicts who were released on Emergency Parole/Interim Bail, pursuant to the orders of the Court, must surrender before the concerned prison authorities within 15 days. The jail authorities are also directed to inform the concerned prisoners/inmates about the order.

Development of Law

The judgment reinforces the principle that releases on emergency parole or interim bail during a crisis like the COVID-19 pandemic are temporary measures. It clarifies that such releases do not create a right for continued release once the crisis abates. The ratio decidendi is that the release of prisoners was solely due to the pandemic and not on merits, therefore, they must surrender once the situation normalizes.

Conclusion

The Supreme Court’s judgment in the matter of “In Re: Contagion of Covid-19 Virus in Prisons” mandates the surrender of all prisoners who were released on emergency parole or interim bail during the COVID-19 pandemic. This decision underscores that such releases were temporary measures to address extraordinary circumstances and not a reflection on the merits of the cases. The Court has provided a clear direction for the return of these prisoners to custody, while also allowing them to seek relief through regular legal channels after their surrender.

Category

Parent Category: Criminal Law

Child Categories:

• Bail
• Parole
• Prison Administration
• Suo Moto Writ Petition
• COVID-19

Parent Category: Code of Criminal Procedure, 1973

Child Categories:

• Section 437, Code of Criminal Procedure, 1973
• Section 439, Code of Criminal Procedure, 1973

FAQ

Q: Why were prisoners released during the COVID-19 pandemic?

A: Prisoners were released on emergency parole or interim bail to reduce overcrowding in prisons and prevent the spread of COVID-19.

Q: Was the release based on the merits of the cases?

A: No, the release was solely due to the extraordinary circumstances of the pandemic and not on the merits of individual cases.

Q: What does the Supreme Court’s recent order mean for these prisoners?

A: The Supreme Court has ordered all prisoners released on emergency parole or interim bail to surrender within 15 days.

Q: Can prisoners apply for bail or suspension of sentence after surrendering?

A: Yes, undertrial prisoners can apply for bail, and convicts can apply for suspension of sentence after they surrender, and these applications will be considered on their own merits.

Q: What happens if a prisoner does not surrender within 15 days?

A: The judgment does not specify the consequences of non-compliance, but it is implied that they would be in violation of the Supreme Court’s order.