Meeting for Committee to oversee release of prisoners

Imphal, 28th July 2021

Meeting for Committee to oversee release of prisoners

In pursuance of the direction of the Hon’ble Supreme Court, the High Powered Committee constituted to oversee the release of prisoners on bail/ parole as a measure to avoid congestion/ overcrowding in jails in the wake of the COVID-19 pandemic have earlier held 12 (twelve) meetings.

However, in order to examine the present scenario inside the jails and cases of Covid19 positive inmates etc, the 13th meeting of the High Powered Committee (HPC) was held through video conferencing on 26th July, 2021 at 2.00 pm with His Lordship Hon’ble Mr. Justice Kh. Nobin Singh, Executive Chairman, Manipur State Legal Services Authority in the chair.

P. Doungel, Director General of Police (Prisons), Manipur; Ojesh Mutum, Member Secretary, Manipur State Legal Services Authority (MASLSA); H. Gyan Prakash, Special Secretary (Home), Govt of Manipur; Dr. Th. Charanjeet Singh, Deputy Secretary (Home), Govt. of Manipur; Sorokhaibam Sadananda, Deputy Member Secretary, MASLSA attended the said Meeting.

The Committee discussed in detailed the present situation at Manipur Central Jail, Sajiwa as well as Manipur Central Jail, Imphal with regard to the capacity & occupancy of the prisoners as well as cases of covid-19 positive prisoners inside the prisons.

The D.G. (Prisons) placed before the committee that presently there are 563 prisoners inside Manipur Central Jail, Sajiwa, out of the total capacity of 845 with occupancy rate of 67.33%. Whereas for Manipur Central Jail, Imphal, there are only 24 prisoners in the jail, out of the total capacity of 250 with occupancy rate of 9.6% only. D.G. (Prisons) further placed before the Committee that 3 Covid positive prisoners are kept at quarantine prison and 3 are kept at JNIMS Hospital.

The Committee also discussed about the cases of UTPs and Convicts who were earlier released on interim bail and parole on the recommendation of the High Powered Committee. Shri Ojesh Mutum, Member Secretary, MASLSA placed before the Committee that period of interim bail/ Parole for 16 UTPs and 4 convicts are to be expired on 31st July, 2021.

The Committee further discussed about the cases of 24 UTPs whose interim bails have been cancelled by the HPC in its earlier meeting. The Member Secretary, MASLSA placed before the Committee that as per report received from the courts, one UTP has been granted default bail by the CJM, Thoubal. For the remaining 23 UTPs, summons or Warrant of arrest has not been executed yet.

The Member Secretary, MASLSA recalled that said 24 UTPs were released during April/ May, 2020 on the recommendation of HPC. Since their first release on interim bail, they are not appearing before the courts till date. The concerned courts have tried to secure their appearance by way of issuing summons and Warrant of arrest. However, some of the summons/WA has been returned stating that the accused person was not found in the given address. But summons/WA for most of the accused has not been returned at all.

The Committee then discussed about the status with regard to the preparation of standard operating procedure (SOP) for video conferencing/ video calling between the prisoners and Advocates and family members as resolved in the 11th HPC meeting. The D.G. (Prisons) informed that facility for video conferencing with Advocates and family members is provided to the prisoners as and when desired by the prisoners or Advocate/family members.

The Committee also discussed about the status for constitution of Under Trial Review Committee (UTRCs) for the districts of Ukhrul/ Kakching/ Jiribam/ Kamjong/ Tengnoupal/ Kangpokpi/ Noney/ Pherzawl districts. The Special Secretary (Home) placed before the Committee that steps for reconstitution of Under Trial Review Committee (UTRCs) for all the districts is under active process and the order will be issued within few days.

After, due deliberations, the following resolutions are taken in the meeting:

1. In view of the present Covid19 situation in the state, the interim bail period of 16 UTPs are recommended to be extended for another 3 months, i.e. from 1st August, 2021 to 31st October, 2021.

2. Period of parole of the 4(four) convicts as released on parole on the recommendation of 7th & 8th Meeting of HPC are also recommended to be extended for another 3(three) months i.e. from 1st August, 2021 to 31st October, 2021.

3. It is also resolved that Home Department may take up expeditious action for securing appearance for those 23 UTPs, before the Courts. Also, the Courts may take such steps as per procedure established by law for mandatorily securing their appearance.

In case if their Warrants of arrest are executed or if the accused surrenders or appears before the Courts or are otherwise brought before the courts (either physically or through video conferencing), the concerned courts may consider their cases on merits, and take into consideration the reason for their non-appearance- whether it has been due to the Covid enforced curfew and lockdowns or not. Accordingly, such orders may be passed by the Courts.

4. Jail Authority is to prepare and notify a standard SOP/ guidelines for video conferencing between the prisoners and Advocates and family members for convenience of all the concerned, on priority basis.

5. It is also resolved that the State Home Department shall expedite the constitution/reconstitution of Under Trial Review Committee (UTRCs) for Ukhrul/ Kakching/ Jiribam/ Kamjong/ Tengnoupal/ Kangpokpi/ Noney/ Pherzawl districts within 15 days, in compliance with the directions of Hon’ble Supreme Court in W.P. (C) No. 406/2013.

(Sorokhaibam Sadananda) MJS
Deputy Member Secretary,
Manipur State Legal Services Authority
ADR Building, Lamphel Court Complex,
Lamphelpat, Imphal