Advocate seeks extension of emergency parole to prisoners above 65 years of age, prone to COVID-19

New Delhi [India], February 5 : An advocate has written to Delhi High Court Chief Justice DN Patel seeking an extension of emergency parole to prisoners above 65 years of age and prisoners prone to COVID-19 infection.
Advocate Amit Sahni, in his letter, said that prisoners above 65 years of age and prisoners are prone to Covid-19 infection due to ailments and medical conditions and henceforth sought to extend their emergency parole.
"That it is quite pertinent to mention here that "the social distancing" is not feasible and practically possible since the jails in Delhi are already overcrowded and as such Delhi Jails itself has been extremely affected of the pandemic's impact on it," read the letter.
He has cited the directions passed by the Supreme Court and High Court of Delhi directions to tackle overcrowding of Delhi Jails in view of Pandemic of Covid-19, and High Power Committee (HPC) recommendation on category wise release of prisoners from Tihar Jail, which was extended from time to time considering the spread of COVID-19.
He also pointed out the capacity of Delhi Jail and said that the jail has the capacity to retain 10,026 prisoners and at present, about 14,000 prisoners are lodged in Delhi Jails excluding about 4,000 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," he said adding that he has come to know that the Jail Authorities have been asking prisoners to surrender at Mandoli Jail with effective from February 7, where such prisoners shall be quarantined for a certain period before shifting them to concerned jails.
Though the State Government claims to have made adequate arrangements but the social distancing in jail cannot be maintained in a strict sense due to overcrowding, he said. According to the letter, the Supreme Court vide order dated January 21 had extended stay on order dated October 20 2020 passed by Delhi High Court, whereby the interim bail granted to the undertrials was put to an end and undertrials were directed to surrender on various dates. The next date of hearing before the Supreme Court is February 25.
"It is most respectfully submitted that the Supred Court is seized of the matter in this regard and the directions issued by the Hon'ble Supreme Court for extension of interim bail to the undertrial prisoners should be applied to prisoners released on emergency parole," advocate said adding that the situation in Delhi Jails is not such that one room or barrack can be provided to each infected prisoner because the number of prisoners is lodged together in single barrack or room.

He urged to direct the Jail Administration to consider that the prisoners above 65 years of age and those who are suffering from ailments be not asked to surrender for a further period of eight weeks because the senior citizen is prone to infection and further the prisoners, who have misused the liberty of Emergency Parole may be denied such benefit.
"It is respectfully prayed that in the larger interest of prisoners, emergency parole of prisoners above 65 years and prisoners prone to Covid-19 infection due to ailments, etc. may be directed to be extended immediately for a further period of 8 weeks because the prisoners have been telephonically conveyed by Jail Authorities to surrender w.e.f 07th February 2021 onwards at Mandoli Jail New Delhi," advocate Sahni said in his letter.