Prison decongestion measures in the Covid-19 crisis were directed for immediate implementation, with interim bail applications kept open.

Amid the Covid-19 pandemic, the Delhi High Court addressed prison overcrowding and inmate health by directing the Government of NCT of Delhi and the Delhi Police to implement proposed decongestion measures without delay, preferably within two days. The proposed measures included expanded parole, special furlough, emergency parole, and interim bail for specified categories of undertrial prisoners. The Court also clarified that undertrial prisoners could continue to apply for interim bail on account of the prevailing situation, to be considered by the competent courts in accordance with law. It noted that the Supreme Court was already examining the broader issue at a macro level, so the petition was not independently pursued beyond these immediate directions.

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Issues: Whether, in view of the Covid-19 pandemic and the concern of overcrowding in prisons, the Court should grant relief for temporary release of eligible prisoners and issue directions to the prison administration and Government to take immediate steps for decongestion and medical safety.

Analysis: The petition raised urgent prison-health concerns arising from the pandemic, including the need to reduce overcrowding, facilitate release mechanisms for eligible prisoners, and protect inmates who were vulnerable or ailing. The Court noted that the Supreme Court was already seized of the wider issue at a macro level. At the same time, the respondents informed the Court that the Government of NCT of Delhi was proposing measures under the prison law framework, including expanded parole, special furlough, emergency parole, and interim bail mechanisms for specified categories of undertrial prisoners. In view of these representations, the Court directed the Government of NCT of Delhi and the Delhi Police to take immediate steps to implement their decisions, preferably within two days, and made it clear that undertrial prisoners would remain free to apply for interim bail on account of the prevailing situation, to be considered by the appropriate courts in accordance with law.

Conclusion: Relief was granted in the form of directions for immediate implementation of prison-relief measures, while the broader petition was not independently entertained because the Supreme Court was already examining the subject.

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