Releasing prisoners on parole/bail risky and difficult during lockdown: Bihar

Dhananjay Mahapatra | TNN | Apr 7, 2020, 10:27 IST

NEW DELHI: Bihar government told the Supreme Court on Tuesday that it is risky and impractical to release undertrial prisoners/convicts, not facing heinous charges, on interim bail/parole for the purpose of decongesting jails during Covid-19 lockdown.
In an application filed through standing counsel Keshav Mohan, the Nitish Kumar government sought modification of the SC's March 23 asking the states to consider releasing those undertrial prisoners and convicts, who have not committed serious offences, on interim bail or parole to avoid them contracting Covid-19 in generally overcrowded prisons.
The government in an application through standing counsel Keshav Mohan said because of strict enforcement of complete lockdown, ordered by the Union government, there is no public transport available to take released prisoners from jail to their homes. Moreover, it is seen in many parts of the state that persons coming from various parts of India, after the outbreak of pandemic, facing social boycott in their villages and are not allowed to enter as the villagers fear incoming persons could spread virus.
Mohan said Bhar has 59 prisons with a capacity to lodge 44,920 inmates but present strength of inmates is 39,016, and hence there is no overcrowding. The government said it is shifting some prisoners from few overcrowded jails to nearby prisons to ease crowding. "Not a single prisoner today has tested positive for corona virus as they are secluded from the society," it said.
The state said if the prisoners are released for a limited period of 15 days on interim bail or parole, as specified in law, it would be difficult for them to to reach their respective homes in the absence of public transport. Even if they reach their villages/towns, they would not, given the trend of ostracisation practiced by villagers to avoid spread of Covid-19, be allowed to get into their homes.
"Large number of persons returning to Bihar from different parts of the country are facing social boycott and even their families are not accepting them due to fear of contracting Corona virus," the state said. It said that release of prisoners on interim bail or parole would require their production before the trial courts for signing of bail bond. It would be difficult to complete the formalities as the courts are functioning in an extremely limited manner and advocates are reluctant to attend proceedings.
"No prisoner today is affected by Covid-19. If they go out, contract the virus and come bak to prison at the end of interim bail/parole period, they would pose grave danger to rest of the inmates and prison staff," the state government said seeking modification of the March 23 order of the SC.