Page 95 - GSTL_21st May 2020_Vol 36_Part 3

2020 ] RAJINDER BASSI v. STATE OF PUNJAB 341
4. I have considered rival submissions addressed before this Court.
5. The Hon’ble Supreme Court, vide its order dated 23-3-2020 had di-
rected all the States/Union Territories to consider as to which of the prisoners
‘may’ be released on interim bail or parole during the pandemic so as to decon-
gest the jails and to prevent outbreak of COVID-19 virus in prisons. Pursuant of
said directions a Committee was constituted in State of Punjab, headed by
Chairman, Punjab State Legal Services Authority and certain guidelines were
laid for release of certain categories of prisoners.
6. Subsequently, vide order dated 13-4-2020, passed in I.A. No. 48260 of
2020 passed in Suo Motu Writ Petition (Civil) No. 1. of 2020, certain clarifications
as regards order dated 23-3-2020 have been issued by the Supreme Court, the
relevant extract of which reads as follows :
“By order dated 23-3-2020, we directed the States/Union Territories to con-
stitute High Powered Committees which could decide which prisoners may
be released on interim bail or parole during the pandemic (COVID-19). The
purpose was to prevent the overcrowding of prisons so that in case of an outbreak of
corona virus in the prisons, the spread of the disease is manageable. The operative
part of our order reads as follows :
‘We direct that each State/Union Territory shall constitute a High
Powered Committee comprising of ….. ….. ….. …..
It is made clear that we leave it open for the High Powered Commit-
tee to determine the category of prisoners who should be released as
aforesaid, depending upon the nature of offence, the number of years
to which he or she has been sentenced or the severity of the offence
with which he/she is charged with and is facing trial or any other rel-
evant factor, which the Committee may consider appropriate.’
We are informed that the State of Bihar has not found it appropriate to re-
lease the prisoners for complete absence of any patient suffering from coro-
na virus within the prisons and also for the reason that the prisons are not
overcrowded. Moreover, even in one case the murder of a prisoner who
was “accused” of suffering from corona virus has been reported.
We make it clear that we have not directed the States/Union Territories to compul-
sorily release the prisoners from their respective prisons. The purpose of our
aforesaid order was to ensure the States/Union Territories to assess the sit-
uation in their prisons having regard to the outbreak of the present pan-
demic in the country and release certain prisoners and for that purpose to
determine the category of prisoners to be released.”
(emphasis supplied)
7. The spirit of directions as issued by Supreme Court vide order dated
23-3-2020 and as clarified vide order dated 13-4-2020 may be discerned as
follows :
(i) The purpose of issuance of directions was to ensure that the respec-
tive States assess the situation in their prisons having regard to the
outbreak pandemic and to consider release of prisoners on interim
bail or parole to prevent overcrowding of prisons so that in case of
an outbreak of corona virus in prisons, the spread of the disease is
manageable.
(ii) The nature of offence, the number of years to which a prisoner has
been sentenced, the severity of the offence with which an under-
GST LAW TIMES  21st May 2020  95