Plea in Delhi HC to defer surrender of prisoners above 65 years amid pandemic

New Delhi [India], February 11 : A petition has been moved in the Delhi High Court seeking directions to the Delhi government and Director General Prisons to defer the surrendering of prisoners above 65 years and prisoners suffering from comorbid medical conditions.
The plea also prays that 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, Advocate Amit Sahni on Wednesday mentioned the matter in the court for urgent listing before the concerned bench of the Delhi HC. The matter is likely to come for hearing on February 12.
The plea also states that the situation in Delhi jails is not such that one room or barrack can be provided to each infected prisoner because a number of prisoners are lodged together in single barrack or room.
It added that Delhi jails have the capacity to retain 10,026 prisoners only and at present, about 14,000 prisoners are lodged, excluding about 4,000 prisoners who are at presently released on interim bail or emergency parole.
"It is, therefore, clear that social distancing cannot be maintained as the Tihar jails are overly crowded and in case 4,000 prisoners surrender, 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.
It further stated that 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 age, disability, and medical ailments or conditions of prisoners.