DSLSA opposes plea seeking deferment in surrendering prisoners above 65 years age

NEW DELHI: The Delhi State Legal Service Authority (DSLSA) on Wednesday opposed the petition seeking directions to Delhi Government and DG Prison to defer the surrendering of the Prisoners above 65 years and Prisoners suffering from comorbid medical conditions.

The Bench of Justice DN Patel and Justice Jyoti Singh refused the hear the application in the matter for early hearing and said the matter will be heard on the scheduled date which is February 22.

The plea also prayed that the Emergency Parole to such prisoners be extended for a further period and such prisoners may be directed to be surrender after the surrender of all other prisoners, in the larger interest of prisoners and jail administration.

The petitioner, a Social Activist and practising Advocate Amit Sahni stated that the situation in Delhi Jails is not such that one room/barrack can be provided to each infected prisoner because a number of prisoners are lodged together in a single barrack/room.

Plea added that Delhi Jails have the capacity to retain 10026 prisoners only and at present, about 14,000 prisoners are lodged in Delhi Jails excluding about 4000 prisoners, who are at present released on interim bail/emergency parole. It is, therefore, clear that social distancing cannot be maintained as the Tihar Jails are overly crowded and in case 4000 prisoners surrender then the situation may worsen in Tihar Jails and the same would be detrimental and adversely affect prisoners and jail administration as well, the plea said.

The plea stated that the age increases the risk for severe illness due to Covid-19, therefore, the aforesaid issue requires detailed deliberations and the accused, in any case, must be directed to surrender in a phased manner considering (i) Age (ii) Disability (iii) Medical ailments/ conditions of prisoners.