Mumbai: The Bombay High Court has ordered the Maharashtra government to expedite the procedure to release the nearly 7,000 prisoners lodged in various jails across the state.
The HC has further asked the government to implement the orders of the Supreme Court regarding the release of prisoners in view of the outbreak of pandemic coronavirus, in letter and spirit.
A bench of Justice Girlish Kulkarni has however, refused to pass any orders on the grievance to the decision of the high power committee, which is appointed to decide the release of prisoners.
The committee has decided not to allow release of convicts or under-trials, booked under special laws such as the prevention of money laundering act (PMLA), unlawful activities (prevention) act (UAPA), Maharashtra control of organised crimes act (MCOCA) etc. The committee had clarified that only those booked under the Indian Penal Code (IPC) would be released from the prisons.
The bench had taken up a suo moto plea based on a letter written by advocate SB Talekar, who took exception to the decision of the committee, wherein it has decided not to release those booked under special enactments. He argued that this decision to discriminate amongst the prisoners was bad in law.
Opposing his contentions, the government prosecutor informed the bench of Justice Kulkarni that the state Home Minister has already announced that it would be releasing a total of 11,000 prisoners.
He also told the bench that as on date, nearly 4060 prisoners have already been released. The prosecutor also highlighted the fact that till now not a single prisoner has been reported to have been infected with the novel coronavirus.
Having heard the contentions, Justice Kulkarni said, "I am of the opinion that as the government is already in the process of releasing 11,000 prisoners by following the appropriate procedure, it is not necessary to issue any immediate directions. However, it is clarified that the government may expedite such steps which are being taken, so that the orders of the Supreme Court, are implemented in letter and spirit."
