Maharashtra To Release Half Of Its Prisoners

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A high powered committee in Maharashtra has decided to release 50% of the 35,239 prisoners in jails across the state on temporary bail as part of measures to control the spread of Covid-19.

The Supreme court Directive

The Supreme Court on 23 March 2020 gave an order,
“We direct that each State/Union Territory shall constitute a High Powered Committee comprising of

(i) Chairman of the State Legal Services Committee,
(ii) the Principal Secretary (Home/Prison) by whatever designation is known as,
(ii) 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.’’

Maharashtra

On March 26, the Maharashtra government had announced that nearly 11,000 inmates — both undertrials and convicts incarcerated for lesser and non-heinous offences that attract less than seven years of maximum sentence — would be released either on provisional bail or parole.
After over 180 positive Covid-19 cases were detected across Mumbai’s Arthur Road Jail, the Maharashtra Prisons Department has decided to increase the number of prisoners being temporarily released in the state from 11,000 to 17,000.

Procedure

Due process will be followed and the prisoners being released will have to secure bail.
For temporary bail, eligible prisoners will have to approach the concerned court and obtain an order.
Parole leave can be secured at the prisons.

17000 Prisoners to be released

Around 5,000 undertrials have already been released.
3,000 convicts sentenced to less than seven years of imprisonment were also released.
And 9,000 more inmates who have been undergoing sentence of more* than seven years, will also be released.
For how long ?
In both types of temporary release

bail to undertrials
parole to convicts

the prisoners are initially being released for 45 days or till the state government withdraws the notification issued under the Epidemics Diseases Act, whichever is earlier.
The initial period of 45 days shall stand extended periodically in blocks of 30 days

Serious offenders

No prisoners either charged or convicted under provisions of special laws will be released on temporary bail

Maharashtra Control of Organised Crimes Act (MCOCA) of 1999
Maharashtra Protection of Interest of Depositors (MPID) Act
Unlawful Activities (Prevention) Act (UAPA)
Prevention of Money Laundering Act (PMLA)

Relaxed norms

Govt has decided to Release of all undertrials
relaxing the earlier category of those facing up to seven years imprisonment,
but with exceptions including those charged with murder, rape, kidnapping, bank frauds, major financial scams, money-laundering, anti-terror laws, child sexual abuse as well as all foreign nationals.

Overcrowded Prisons

According to the Prison Statistics of India (PSI) 2018 released by the National Crime Records Bureau –
Prisons had 17.6% more inmates than they have capacity for.
Capacity of India’s prisons was 3,96,223 inmates, while the actual occupancy was 4,66,084

Maharashtra – severe overcrowding

Before the lockdown, the state’s jails were accommodating 50% over their capacity.
This is much higher than the national average occupancy in central prisons.
Severe overcrowding is prevalent in several British-era prisons

Yerwada Central Jail in Pune (5,717 against the sanctioned 2,449),
Mumbai’s Arthur Road Central Jail (3,718 against 804),
Thane Central Jail (4,035 against 1,105),
Kalyan District Prison (1,971 against 540) and
Byculla (514 against 200).

Others states taking action

Following the Supreme Court order, most states have constituted a high-powered committee and come up with their respective categories of prisoners eligible for release.
Haryana and Odisha have directed the release of all prisoners above age 65 on a temporary basis, with exceptions.
Goa has directed undertrial review committees, set up in each district as per a previous Supreme Court order, to undertake the responsibility of releasing undertrials.