COVID-19 outbreak: Maharashtra to release over 17,000 prisoners to decongest jails

A high-powered committee constituted by the Maharashtra government has recommended the release of around 17,000 inmates from jails across the state to decongest prisons amid the COVID-19 outbreak.

Around 50% of state's prisoners will be released on emergency parole amid fears that the coronavirus may spread to Maharashtra's prisons.

This comes after Mumbai's Arthur Road jail reported at least 77 cases of coronavirus among prisoners and 26 among jail staff.

The committee headed by Justice AA Sayed, also comprising Additional Chief Secretary (Home) Sanjay Chahande and DG prisons SN Pandey, has not recommended any time frame for the release of prisoners. The committee was set up after the Supreme Court in March called for decongestion of prisons across the country due to the outbreak of coronavirus.

As per the recommendations of the committee, the prisoners who are charged booked on serious charges under the Indian Penal Code (IPC), charged or convicted under Maharashtra Control of Organised Crimes Act (MCOCA), Maharashtra Protection of Interest of Depositors (MPID) Act, Unlawful Activities (Prevention) Act (UAPA) or Prevention of Money Laundering Act (PMLA) will not be released.

There are 35,239 prisoners in the state and over 17,000 will be released as per the recommendations of the committee.

"This would substantially decongest jails and about 50% of prisoners out of the prisons' population of 35,239 are now expected to be released," the committee said.

While undertrials will be released on bail granted by the courts based on the list submitted by Maharashtra prison department, convicts will be released on emergency parol for 45 days which can further be extended by 30 days.

The committee said prisoners who are not entitled to temporary bail or parole will have to seek regular bail from the courts concerned.

"It would be necessary to look at the facts on case to case basis by a judicial mind before releasing such prisoners, after considering the likelihood of them absconding and/or tampering with evidence or witnesses, the panel said.

Only asymptomatic prisoners will be released after their thermal scan and other check-ups.

The panel said only those prisoners who are convicted or facing trial for offences which are punishable up to seven years' imprisonment shall be entitled to be released on temporary bail or parole.