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Supreme Court Issues Notice on Petition Seeking Release of Detainees who have Spent More than 2 Years in Detention Camps

Supreme Court Issues Notice on Petition Seeking Release of Detainees who have Spent More than 2 Years in Detention Camps

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SUPREME COURT SUPREME COURT

New Delhi, April 7, 2020:

The Supreme Court of India on March 7 issued notice to the Centre as well as Assam Government in regards to a petition seeking the release of inmates of the Assam Foreigner Detention camps who have spent more than 2 years inside.

The petition was filed by a detainee called Raju Bala Das, who has brought attention to the risk to the inmates of the foreigner detention camps in light of the novel coronavirus in the state.

This petition also points to the Supreme Court's directive on March 23 last to form high powered committees at the state and union territory level in order to release prisoners to “decongest” the jail premises.

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The Supreme Court had directed that each State/Union Territory shall constitute a High Powered Committee comprising of Chairman of the State Legal Services Committee, the Principal Secretary (Home/Prison) by whatever designation is known as, Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate.

It needs mention here that in the 6 detention camps in Assam, as many as 802 inmates are being kept, which has been confirmed by Union Minister Nityanand Rai in the Parliament.

Moreover, several have died in the Assam detention camps over the years. Last year alone, 10 detainees died in the camps. Since 2016, 29 people have died in the camps.

Last week, NGO ‘Justice and Liberty Initiative’, had sought the release of all detainees in the centres, citing concerns due to the outbreak of the COVID-19. It sought intervention in the matter where Suo Motu cognizance was taken by the Supreme Court in an attempt to decongest jails by asking authorities to consider releasing specific categories of prisoners on interim bail in the wake of COVID-19 pandemic.

The application has highlighted that on May 10, 2019, the apex Court had passed an order allowing the release of all detenus who have spent more than 3 years in detention, subject to execution of bonds.

Bringing the peril to the lives of the detenus to the notice of the court, the applicant wrote, “These camps are like ticking ‘time bombs’ ready to explode any time. In absence of any quarantine facility inside those camps, detenues are at great risk in the event of its outbreak.”

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“It creates the ideal environment for the transmission of contagious disease. Social distancing is clearly not possible in such environment”, the application further added, calling attention to the “deplorable” condition in the camps, adding that single toilets are shared by many.

“For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum”, the apex Court had said.

Now, stating the the condition in the jails is “deplorable” as each person has “only 2-3 square feet space”, the application says “it would only be fair and just that this Hon’ble

Court in its magnanimity directs the release of such detenues by dispensing with the condition of financial surety,minimum period of detention etc., as may be expedient and necessary in the peculiar facts of the case due to the spread of the contagious and deadly COVID 19.”

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Edited By: Admin
Published On: Apr 08, 2020