Bombay HC suggests transferring prisoners to open prison to avoid decongestion

After hearing the submissions, the court held the inmates could not be discriminated against just because the prison had to maintain a certain population. The bench also said that the state should get prisoners who were eligible to be placed there.

Bombay HC suggests transferring prisoners to open prison to avoid decongestion
SHARES

The Bombay High Court’s Aurangabad bench suggested transferring prisoners from congested jails to the open prison to take care of 220 cattle and cultivation.

The bench made this suggestion while granting emergency furlough to eight of the nine inmates of Paithan open prison. However, it was prompted only after the court was informed that while the prison had a capacity of 500 inmates, it currently has only 41 inmates as the others had taken benefit of emergency parole/ furlough and were released as per the guidelines of the high-power committee (HPC).

The division bench of justice Ravindra Ghuge and justice BU Debadwar was informed by advocate PP More that the petitioners had been in prison for five to 10 years and that with the exception of one, the remaining eight were never released on parole or furlough. In view of this, More added, that the inmates were aggrieved by the refusal of the jail superintendent to grant them emergency parole/furlough recommended by the HPC.

On May 8, 2020, in light of the coronavirus pandemic, the state government had issued a notification permitting the release of prisoners temporarily to curb the spread of the virus and decongest jails.

However, the chief public prosecutor, representing the state government, said that the authorities need to give clarity about the strength of inmates in open prisons. He said that Paithan open prison has 827 acres of land within a periphery of 70 sq km. Of these, 325 acres is under cultivation for sugarcane and other crops and earns the government crores of rupees.

He submitted that as there were agricultural land and cattle of the prison that needed to be taken care of. The prisons need to have a sufficient number of prisoners who can be utilised for such purposes, by keeping in view the object of containing the outbreak of COVID-19 and, for which, physical distancing will have to be maintained. Those convicts who are not entitled to the benefit of emergency parole/furlough can also be utilised for the said purpose.

After hearing the submissions, the court held the inmates could not be discriminated against just because the prison had to maintain a certain population.

The bench also said that the state should get prisoners who were eligible to be placed in open prisons to be transferred from other congested jails to make up the shortfall.

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