The inmates are being released to reduce overcrowding in jails across the country in an effort to prevent the spread of pandemic in prisons. (Representational)

The Maharashtra government has started releasing undertrial inmates on provisional bail from jails across the state, though convicts are yet to be released pending a government resolution.

The inmates are being released to reduce overcrowding in jails across the country in an effort to prevent the spread of pandemic in prisons.

According to the state government, only 11,000 inmates in Maharashtra – both undertrials and convicts, who are incarcerated for lesser and non-heinous offences with maximum prescribed punishment of less than seven years – would be released either on provisional bail or parole.

Of these 11,000, at least 3,000 have been released up till Sunday.

“The process of releasing the undertrials began in 37 prisons over the last two to three days of March. Till Sunday, at least 3,000 prisoners have been released on bail. The process to release convicts will start very soon. Of the estimated 11,000 prisoners that are to be released, at least four-five thousand are convicts,” a prison department official said.

“New admissions are now being done only in exceptional cases. In all the prisons, the newly admitted inmates are made to spend two weeks in separate barracks under medical supervision,” the official added.

The inmates are being released first for 45 days and the period will be extended for 30 days till the time the Epidemic Diseased Act remains in force in Maharashtra.

After the Act is revoked, the released inmates are expected to return to their prisons. While the officials had initially estimated the process will take a week’s time, it is taking longer.

Upon release, inmates are given a letter which would act as a pass for commute during the lockdown. Police personnel have the responsibility to take prisoners to their houses. However, lack of manpower in the police force has affected the process. In many cases, prisoners are stranded for a long time on being released or head home walking long distances.

The whole process began after a special bench of Chief Justice of India SA Bobde and Justice L Nageswara Rao observed that overcrowding in prisons posed a risk during the ongoing coronavirus outbreak.

The apex court had observed that the government advisory on maintaining social distancing would be difficult to follow in overcrowded prisons.

The Supreme Court had then issued notices to prison authorities of States and Union territories asking why directions should not be issued to them for dealing with the present health crisis. On behalf of Maharashtra state, Additional Director General (Prisons and Correctional Services) Sunil Ramanand had filed an affidavit on the notice on March 20.

The Supreme Court on March 23 directed States and Union territories to constitute a high powered committee to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate.

A prison department official said the high powered committee in Maharashtra may make rules to release more prisoners. For example, an age criteria or health status condition may be set for release of more inmates to further reduce the number in jails.

Meanwhile, more than 800 inmates of Yerawada Central Jail in Pune have written to the Bombay High Court seeking speedy processing of provisional bail, threatening to go on a hunger strike otherwise.