Representation in Delhi HC seeks premature release of old aged, infirm prisoners from overcrowded prisons
Feb 17, 2022
New Delhi [India], February 17 : A representation has been made to Chief Justice of Delhi High Court DN Patel and 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 government and DG Prison states that premature release of female and transgender prisoners above 60 years, male prisoners above 65 years and infirm prisoners (excluding life convicts) may kindly be considered in terms of recommendations of All India Committee on Prison Reforms (Mulla Committee 1980-83) and Model Prison Manual - 2003 and 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) and Model Prison Manual -2003, in the larger perspective of the prison/ prisoners' welfare keeping in view the overall objective of protecting the society and rehabilitating offenders with specific reference to basic needs and provision of facilities compatible with the dignity of life and recommendations made for the specialized treatment of women, old aged and infirm prisoners, such recommendations are not implemented by Delhi Jails.
Unfortunately, the Old Aged Convicts (other than life convicts), female convicts and infirm prisoners are not considered for premature release in terms of Mulla Committee and Model Prison Manual 2003, states representation.
According to the representation, there is overcrowding in jails in the country and in Delhi jails in particular and 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 and 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 and practically possible since the jails in Delhi are already overcrowded and 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 and makes it clear that social distancing cannot be maintained as the Tihar Jails are overly crowded and in case 4,000 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, added the representation.
