Bail extension, parole due to COVID-19 should come to an end: HC

The Delhi High Court today observed that its blanket order extending interim bails and paroles granted to prisoners in view of the COVID19 pandemic should come to an end as the number of infected persons in jails here was only threeAccording to the Director General Prisons over 6700 prisoners are out on bail or parole and continue to remain outside in view of the blanket order passed and extended from timetotime by a full bench of the high courtThe DG Prisons also told the high court that the three jails Tihar Rohini and Mandoli in the national capital together have a capacity of around 10000 but presently there were 15900 prisoners lodged in themThe full bench headed by Chief Justice D N Patel on Tuesday said Let us bring to an end the COVID chapter Let these people surrender or go back to jail We passed the order in view of the pandemic Our order has nothing to do with overcrowding of the jails We are not concerned by the nature of the crimesThe COVID chapter is over The other reasons for grant or extension of bail and parole can continue We will go back to the situation that prevailed in JanuaryFebruary this year he addedThe bench also observed that the prison was taking care of the issue and those who had tested positive for COVID19 in jails have been hospitalisedThe Chief Justice said the judges of the full bench also including Justices Siddharth Mridul and Talwant Singh will sit together and take a decision on whether to extend the blanket or notThe observations by the bench came while hearing an application moved by one of the prosecutors dealing with the northeast Delhi riots cases in the trial courts seeking modification of the high courts July 13 and July 24 orders by which it had clarified that its orders extending interim bailsparoles would be applicable to everyone granted the relief before or after March 16The application has alleged that the two orders were being misused by the accused in the riots cases by seeking bail on grounds of family illness or some such other reasons instead of seeking regular bail and then getting the same extended on the basis of the high courts directionThe lawyer told the bench during the hearing around 20 accused in the riots cases were out on interim bail on some pretext and are now enjoying the benefits of the high courts blanket orderHe also said that the prosecution opposes grant of bail in such cases as the accused do not surrender after the bail expires in view of the high court orderDelhi government standing counsel criminal Rahul Mehra appearing for the DG Prisons told the bench that removing the blanket order would go against the spirit of the Supreme Courts order to decongest jails during the pandemic as COVID19 cases have not gone down in the national capitalHe further said that the decongestion of the prisons has not led to any increase in crimes or anarchy in the cityThe high court on September 28 had said it will not permit misuse of its orders and it will recall its extension order if it was being misusedThe bench said If they prisoners are misusing it we will stop it and then let them sufferThe high court on August 24 had extended till October 31 all the interim orders which were to expire on or after August 31 in cases that are before it as also the district courts in view of the persisting COVID19 pandemicIt had also extended the relief in cases related to those who were enlarged on interim bail or parole and may carry COVID19 infectionIf interim bail of anyone is ending they are required to surrender to the already congested and overcrowded jails which may not be in a position to strictly maintain physical distancing amongst inmates it may pose a risk of unchecked spread of the virus the court had saidOn March 25 the high court had extended till May 15 the interim orders in all matters pending before it and subordinate courts in view of the coronavirustriggered lockdown Thereafter the relief was extended from timetotimeKeep scrolling to read more newsCatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updates MidDay is now on Telegram Click here to join our channel middayinfomedialtd and stay updated with the latest newsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever