Coronavirus: SC orders release of detainees lodged in Assam detention centres for 2 yrs\, lowers bond amount to Rs 5\,000



Coronavirus: SC orders release of detainees lodged in Assam detention centres for 2 yrs, lowers bond amount to Rs 5,000

A bench of Chief Justice SA Bobde and Justices LN Rao and M Shantanagoudar reduced the minimum period of detention to two years.


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The Supreme Court on Monday directed the release of those in Assam detention centres for two years or more in view of the coronavirus pandemic. 

The apex court relaxed its earlier conditions regarding those who were declared foreigners in view of COVID-19 outbreak. 

A bench of Chief Justice SA Bobde and Justices LN Rao and M Shantanagoudar reduced the minimum period of detention to two years. They will be required to furnish a bond of Rs 5,000 only with two sureties of the like sum.

The top court's May 10, 2019 order said the detainees who have been in the detention centre for more than three years can be released on a personal bond of Rs 1 lakh along with two sureties.

"Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detenues who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released," the bench said.

All the other terms and conditions laid down in the May 10, 2019 order will remain the same except for the detention period and bind amount. 

The order on Monday came on intervention plea filed by an Assam based Public Charitable Trust, seeking the release of detainees lodged in six Assam detention centres in view of coronavirus pandemic.

Attorney General K K Venugopal expressed apprehension that they would infect people in villages or where ever they go after their release as he objected to their release. 

Advocate Shoeb Alam, appearing for Justice for Liberty Initiative, informed the court that the apprehension of the Attorney General was based on an unfounded premise that every such person was already infected by the virus.