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2021 DIGILAW 537 (SC)

In Re : Contagion Of Covid 19 Virus In Prisons v. .

2021-07-16

A.S.BOPANNA, L.NAGESWARA RAO, N.V.RAMANA

body2021
ORDER The Court is convened through Video Conferencing. Suo Motu Writ Petition (Civil) No. 1/2020:­ 2. Pursuant to Orders dated 7­5­2021 and 1­6­2021 passed by this Court, these matters came up today for further consideration. 3. Heard Mr. Dushyant Dave, learned Amicus Curiae, Mr. Tushar Mehta, learned Solicitor General appearing for the Union of India and other learned counsel appearing for the parties. 4. This Court has not been made aware about the criteria being adopted by the different State Governments/Union Territories while releasing the prisoners from jails, on the basis of recommendations of different High Powered Committees constituted for the purpose. 5. Under the circumstances, we deem it fit to direct the Member Secretary of the National Legal Services Authority as well as the Member Secretaries of respective States Legal Services Authorities to collect information from the different States/Union Territories and submit a report to this Court on or before 22­7­2021, stating clearly the norms/criteria adopted by the different State Governments/Union Territories, i.e., whether in the norms adopted, they have taken into consideration the age of the convicts and/or co­morbidities suffered, if any, at the time of recommending the release of the prisoners from jails. The Report should also indicate whether the convicts whose appeals are pending consideration, have also been considered for release, pursuant to the directions passed by this Court from time to time. The States/Union Territories concerned in these matters shall also clarify the above stated aspects in their respective affidavits. 6. The Member Secretary, National Legal Services Authority and States Legal Services Authorities are directed to furnish copies of the Report to the learned Amicus Curiae and the learned Solicitor General respectively. 7. So far as those prisoners who have already been released on bail from the prison by virtue of Orders passed by this Court from time to time and on the basis of recommendations of High Powered Committees constituted for the purpose are concerned, they shall not be asked to surrender to the prison, until further orders. 8. We find that various applications for intervention/impleadment have been filed by different parties/individuals in these matters. 9. During the course of hearing, learned Amicus Curiae submits that he is not aware of the prayer made in the different intervention/impleadment applications filed by the different parties/individuals in these matters and as such, he is unable to assist the Court with respect to the same. 10. 9. During the course of hearing, learned Amicus Curiae submits that he is not aware of the prayer made in the different intervention/impleadment applications filed by the different parties/individuals in these matters and as such, he is unable to assist the Court with respect to the same. 10. In view of the above, we direct all concerned applicants to give a copy of those applications to learned Amicus Curiae as well as to the learned Solicitor General at the earliest. 11. These applications will be taken up for consideration after some time. 12. List the matter on 3­8­2021. W.P.(Crl.) No. 235/2021:­ Heard learned counsel appearing for the petitioner. The Registry is directed to list this Writ Petition before an appropriate Bench.