A representation has been made to Chief Justice of Delhi High Court DN Patel & others on the issue of premature release of old aged and infirm prisoners from overcrowded prisons.
The representation sent to Chief Justice of Delhi, Centre, Delhi Govt & DG Prison states that premature release of female & transgender prisoners above 60 years, male prisoners above 65 years & infirm prisoners (excluding life convicts) may kindly be considered in terms of recommendations of All India Committee on Prison Reforms (Mulla Committee 1980-83) & Model Prison Manual - 2003 & such prisoners be released after undergoing one-third of their actual sentence (including remission).
Advocate Amit Sahni, who made the representation, stated that despite the recommendations of Mulla Committee (1980-83) & Model Prison Manual -2003, in the larger perspective of the prison/ prisoners' welfare keeping in view the overall objective of protecting the society & rehabilitating offenders with specific reference to basic needs & provision of facilities compatible with the dignity of life & recommendations made for the specialized treatment of women, old aged & infirm prisoners, such recommendations are not implemented by Delhi Jails.
Unfortunately, the Old Aged Convicts (other than life convicts), female convicts & infirm prisoners are not considered for premature release in terms of Mulla Committee & Model Prison Manual 2003, states representation.
According to the representation, there is overcrowding in jails in the country & in Delhi jails in particular & thus it is respectfully submitted that Delhi Jails have the capacity to lodge 10,026 prisoners but it occupies 80 per cent more prisoners than its capacity. "Due to the intervention of the Supreme Court, a High-Power Committee was constituted in each state, which recommended the release of prisoners by granting them interim bail/parole. Despite releasing about 4000 prisoners, Delhi jails are still overcrowded & 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," stated the representation.
According to Advocate Sahni's representation, "the social distancing" is not feasible & practically possible since the jails in Delhi are already overcrowded & as such Delhi Jails itself have been extremely affected by the pandemic's impact on it. The "social distancing" is required to be maintained in Cells/barracks, where prisoners are lodged. The data is self-explanatory & makes it clear that social distancing cannot be maintained as the Tihar Jails are overly crowded & in case 4,000 prisoners surrender then the situation may worsen in Tihar Jails & the same would be detrimental & adversely affect prisoners & jail administration as well, added the representation.
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