Hyderabad: Plea for safety measures in jails

Hyderabad: A public interest litigation (PIL) petition has been filed by Professor Haragopal, the Convener of Forum Against Repression, in the Telangana High Court, regarding the protection of convicts and undertrials in jails from the Covid-19 pandemic.

In pursuance of the Supreme Court directions vide order in suo moto Writ Petition (Civil) No. 1 / 20, which laid down elaborate steps for constituting an undertrial review committee to focus on persons deprived of liberty, the plaintiff requested the court to declare the inaction of respondents for not taking any steps as directed by the Supreme Court, even after the lapse of one week, as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

Bringing to the notice of the virtual court that there are as many as three central jails, seven district jails, 33 sub jails, a women's jail, a Boston school, one open jail and four special jails among other detention facilities and prisons in the State, the plaintiff informed it that inmates such as convicts and undertrials are beyond the permitted strength. Even during normal circumstances, there are several complaints against improper facilities and lack of amenities in the prisons, which is the subject matter of several writ petitions in the High Court. To stall the transmission of Coronavirus and check its transmission to the prisoners in the jails, as the second phase of the Covid-19 pandemic is passing on, the Government of India has announced a national lockdown to prevent it from turning an epidemic. Medical experts have also warned that it is likely to become virulent in the next week before its gradual curb.

In view of already pitiable conditions of the convicts and undertrials in the jails, states are taking swift measures including transferring the prisoners to other areas to minimise clusters, and the same have been approved by the Supreme Court. As such, the plaintiff requested the high court to extend the similar benefits to the helpless convicts and undertrials in the jails of Telangana State. Public authorities should take immediate steps to address prison overcrowding, including measures to respect WHO guidance on social distancing and other health measures. Release of individuals, including children, persons with underlying health conditions, persons with low-risk profiles and who have committed minor and petty offences, persons with imminent release dates and those detained for offences not recognised under international law should be prioritised, he pleaded.

Principal Secretary (Home), Principal Secretary (Prisons), Director General of Police and Chairman of TS Legal Service Committee are named as the respondents. The virtual court is likely to hear the matter on Monday.