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2020 DIGILAW 816 (KAR)

Peoples Unity For Civil Liberties And Human Rights Forum v. State Of Karnataka And Others

2020-04-21

ABHAY S.OKA, B.V.NAGARATHNA

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JUDGMENT 1. Heard learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the State. The first prayer is for issuing a writ of mandamus directing that cases of all convict male prisoners who have undergone ten years of sentence and the cases of all female convict prisoners who have undergone seven years of sentence should be placed before Advisory Committee formed for premature release without any discrimination. Further, a writ of mandamus is sought directing that certain records should be placed before the Advisory Committee. A prayer is made that there should not be any discrimination in recommending any prisoner for premature release. Further prayer is that except in case of the prisoners who are facing capital punishment and life sentence, the other prisoners after completion of ten years should be recommended to the Committee for consideration of premature release. 2. The learned counsel appearing for the petitioner made a grievance that the Sessions Courts are not entertaining applications for bail and permission for e-filing is being denied on the ground that there is no urgency. He submitted that in some cases, copies of the orders granting bail are not being made available and the same are not being communicated to the jail authorities. His submission is that a direction be issued for entertaining the bail applications during the closure period. 3. The learned Additional Advocate General has invited our attention to the written submissions filed by the State Government on 21st April, 2020. It is stated in the written submissions by relying upon Annexure-2 that in terms of the order of the Apex Court dated 24th March, 2020, cases were identified for granting of interim bail and parole. Accordingly, 790 undertrial prisoners have been released on interim bail and 408 convicted prisoners have been released on bail. 4. Writ Petition No.6682 of 2020 was filed in this Court which was disposed of on 07th April, 2020. The prayer in the said writ petition was for issuing a writ of mandamus directing the release of life convicts and prisoners who have undergone fourteen years of imprisonment. While disposing of the said petition, a direction has been issued that the prisoners who have not been granted parole can always apply for grant of parole. The State Government was directed to consider the applications in accordance with law as expeditiously as possible. While disposing of the said petition, a direction has been issued that the prisoners who have not been granted parole can always apply for grant of parole. The State Government was directed to consider the applications in accordance with law as expeditiously as possible. The same order records that the Prison Authorities will permit the prisoners who wish to apply for e-filing of bail applications to submit requests at the designated e-mail addresses of the concerned Courts. 5. Our attention is invited to the letter dated 15th April, 2020, addressed by the Member Secretary of the Karnataka State Legal Services Authority (KSLSA) to the Chairpersons of all the District Legal Services Authorities (DLSAs) in the State, directing the Chairpersons of DLSAs to conduct programmes for creating awareness on the rights of prisoners to apply for bail before the jurisdictional Courts. It is recorded therein that it should be made clear to the prisoners that irrespective of the fact whether the High Power Committee has recommended for their release or not, they are entitled to apply for bail before the jurisdictional Courts. 6. The learned counsel appearing for the KSLSA states that the Secretaries of the DLSAs are frequently visiting the prisons and have been making aware the prisoners of their right to apply for bail. The Superintendent of concerned Prisons can always contact the Secretaries of the DLSAs to assist the prisoners for e-filing the application for grant of bail. 7. About the grievance made regarding failure of the Sessions Courts to entertain bail applications by e-filing, firstly, applicants can always approach this Court for making a request for e-filing of the applications in this Court. Secondly, necessary guidelines have been issued on the administrative side to the Sessions Courts. The Sessions Courts are made aware of the directions by the Apex Court issued on 23rd March, 2020. More importantly, by providing facilities in prisons and by providing facility of e-filing of bail applications, it has been ensured that the remedies of the prisoners are not taken away. 8. The petitioner has expressed an apprehension that unless proper precautions are taken in the prisons, there is a threat of spread of Covid-19. 9. In the written submissions filed on 21st April, 2020, the State Government has pointed out the steps taken to decongest the prisons. 8. The petitioner has expressed an apprehension that unless proper precautions are taken in the prisons, there is a threat of spread of Covid-19. 9. In the written submissions filed on 21st April, 2020, the State Government has pointed out the steps taken to decongest the prisons. For example, as on 23rd March, 2020, the occupancy of nine central prisons in the State was 122% which has been brought down to 100.79% till 19th April, 2020. The occupancy in District prisons and Taluk/Revenue prisons in the State as on 19th April, 2020 was 73% and 95.1% respectively. Moreover, several measures have been taken, such as creation of additional temporary capacity in various prisons. It is also pointed out in paragraph No.6 that pro-active measures have been taken in the prisons to prevent spread of Covid-19. It is also pointed out that for decongestion of seven overcrowded prisons, on 16th April, 2020, 270 prisoners have been transferred to less populated prisons. 10. It is pointed out that in terms of the order of the Apex Court of 23rd March, 2020, Monitoring Team has been set up at State level. In paragraph No.4 of the written submissions, the functions discharged by the State Monitoring Team have been set out. The State Level Monitoring Team was set up on 24th March 2020 itself. In paragraph No.5, specific actions taken by the State Level Monitoring Team have been set out. 11. Now, coming back to the prayers made in this writ petition, if any convicted prisoners have a grievance regarding non-consideration and non-placement of their case before the Advisory Committee, they can always take recourse to appropriate proceedings in accordance with law. 12. Considering the steps taken by the State Government for decongestion of prisons, the measures taken to prevent the spread of Covid-19 and considering the fact that a large number of under-trial prisoners have been released on interim bail and a large number of convicted prisoners have been granted parole, no directions are required to be issued in this petition. 13. As far as apprehension regarding spread of Covid-19 in the prisons is concerned, now the State Level Monitoring Team is in place, which will have to take all possible steps to monitor the measures taken for preventing the spread of Covid-19 in the prisons. 14. 13. As far as apprehension regarding spread of Covid-19 in the prisons is concerned, now the State Level Monitoring Team is in place, which will have to take all possible steps to monitor the measures taken for preventing the spread of Covid-19 in the prisons. 14. Subject to what is observed above, no direction is required to be issued in this petition and the same is accordingly disposed of . 15. At this stage, learned counsel appearing for the petitioner makes a grievance that Prison Authorities are not permitting the prisoners to apply for parole. As observed in our order dated 16th April, 2020, applications made by all prisoners for grant of parole shall be considered by the State Government in accordance with law as expeditiously as possible. We direct that all Prison Authorities shall ensure that no one is prevented from making application for grant of parole.