High Powered Committee to avoid overcrowding in jails

Imphal, 26th May 2021

High Powered Committee to avoid overcrowding in jails

As per direction of Hon’ble Supreme Court’s order, the High Powered Committee for the state of Manipur consisting of Hon’ble Executive Chairman, Manipur State Legal Services Authority (MASLSA) as Chairman and Chief Secretary, Government of Manipur & Addl. Director General of Police (Prisons), Manipur as members was constituted vide orders by the Governor: Manipur dated 26th March, 2020 to determine the cases of prisoners which can be released on parole or interim bail to avoid overcrowding/ congestion in the jails. The Committee have earlier conducted 11 (eleven) meetings.

However, in view of the recent directions issued by the Hon’ble Supreme Court of India in Writ Petition(C) No. 1/2020 (In Re: Contagion of COVID 19 virus in prisons), the 12th meeting of the Committee was held through video conferencing on 24th May, 2021 at 2.00 pm with His Lordship Hon’ble Mr. Justice Kh. Nobin Singh, Executive Chairman, Manipur State Legal Services Authority in the chair.

P. Doungel, Director General (Prisons), Manipur; Ojesh Mutum, Member Secretary, Manipur State Legal Services Authority (MASLSA); H. Gyan Prakash, Special Secretary (Home), Govt of Manipur; Dr. Th. Charanjeet Singh, Deputy Secretary (Home), Govt. of Manipur; Sorokhaibam Sadananda, Deputy Member Secretary, MASLSA attended the said Meeting.

The Committee discussed in detail the directions contained in the Hon’ble Supreme Court’s order dated 7th May 2021 passed in Suo Motu Writ Petition (C) No.1/2020 (In Re: Contagion of COVID 19 virus in prisons).

In its order, Hon’ble Supreme Court directed to strictly control arresting accused in contravention of the guidelines laid down in Arnesh Kumar –vs- State of Bihar (AIR 2014 SC 2756) during the pandemic. Special Secretary (Home) placed before the Committee that order of the Hon’ble Supreme Court has been communicated to all the Police Stations. DG (Prisons), Manipur placed before the Committee that 9 prisoners from Central Jail, Sajiwa (all are first time offenders & mostly theft cases) may be considered for releasing them on interim bail.

The Hon’ble Chairman, HPC also raised the matter regarding present occupancy rate at the jails and possibility for releasing other eligible prisoners in compliance of the directions of Hon’ble Supreme Court. The matter regarding special provisions for prisoners who are found Covid 19 positive was also discussed. DG (Prisons), Manipur placed before the Committee that occupancy rate for both the jails of Manipur are 71.48% and 17.6% only.

The Committee also discussed with regard to the functioning of Under Trial Review Committees (UTRCs) and effective implementation of NALSA’s Standing Operating Procedure on the subject. Some of the resolutions which can be highlighted are as follows:

1. The Committee recommended that 9(nine) UTPs from Central Jail, Sajiwa be considered for release on interim bail on PR bonds by the concerned court/ magistrate subject to such other conditions as may be imposed by them. It is however clarified that no prisoner shall be released without their consent. It is also clarified that in view of the lockdown and the curfew announced by the state government; the Prison Authorities, Police Department and the Home Dept are to arrange the logistics and transportation facilities for the released prisoners from the jails to their place of residences.

2. The Committee recommended that for the quarantine prison opened at Ideal Teacher Training Academy, Sajiwa, necessary facilities as allotted to a Covid Care Centre should be provided by the Home Dept. in consultation with the Health Dept. The facilities should necessary include presence of doctor and other medical staff, medicines, regular monitoring of the oxygen levels, oxygen concentrators for emergency use etc.

3. The Committee also recommended that the Home Dept shall, on priority basis, constitute proper UTRCs for Ukhrul/ Kakching/ Jiribam/ Kamjong/ Tengnoupal/ Kangpokpi/ Noney/ Pherzawl Districts.

(Sorokhaibam Sadananda)MJS
Deputy Member Secretary,
Manipur State Legal Services Authority
ADR Building, Lamphel Court Complex,
Lamphelpat, Imphal