The Bombay High Court on Tuesday refused to entertain the petition filed by nearly 40 prisoners challenging the government circular asking all the inmates, who were out on emergency Covid-19 parole, to surrender within 15 days.
A vacation bench of Justices Nitin Sambre and Anil Pansare said that they were not inclined to grant the relief and asked the prisoners to approach the government seeking extension of time to surrender.
Alternatively, the HC has said that the prisoners can approach the Supreme Court challenging the government circular, since the Covid-19 related circulars were issued by the government pursuant to apex court’s orders at the time of pandemic.
Following this, nearly 40 prisoners withdrew their petition. They had challenged the government circular of May 4 which asked all the prisoners, who were out of emergency Covid-19 parole to surrender, to surrender within 15 days.
They contended that the government has not considered overcrowding of the jails. Further, they contended that the SC, in July 2021, had directed that till further orders such convicts should not be asked to return to prisons.
The petitioners had sought that they be given at least 45 days to surrender, otherwise they would face losses in the work they had undertaken, like harvesting for those with farms.
Public prosecutor Aruna Pai pointed out an order of the Kerala High Court which had asked the prisoners on such emergency Covid-29 parole to surrender within 15 days.
The HC said that the prisoners had the option of approaching the government seeking extension of time to surrender.
The SC, in March 2020, following the onset of Covid-19 pandemic, had suggested that the convicts be released on emergency Covid-29 parole and undertrial prisoners be granted bail to reduce the overcrowding in prisons.
In pursuant to that, the government had issued a circular granting emergency Covid-19 parole to over 17,000 prisoners. As the Covid cases started declining, and the government lifted all restrictions which were imposed during the pandemic
