A prison teeming with inmates can be a difficult proposition during COVID-19 times. There are chances of infection spreading. In fact, there have already been cases of prisoners testing positive for the novel coronavirus disease.

Today, taking note of the “unprecedented surge” in new COVID-19 cases in the country during the second wave of the infection, the Supreme Court issued directions for decongestion of prisons. 

The Apex Court said that all prisoners granted bail or parole last year due to the pandemic must be released. The decision was made by a bench comprising Chief Justice NV Ramana and Justices L Nageswara Rao and Surya Kant.

The bench made this observation while issuing a set of directions for the release of certain categories of prisoners on interim bail or parole basis. It wanted all inmates to be provided with medical facilities.

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The Court also wanted regular testing done of prisoners and prison staff, and if they were unwell, immediate treatment too. It also spoke about the need to maintain daily hygiene and sanitation levels. 

The judges also said that those inmates granted parole should “again be granted parole for a period of ninety days in order to tide over the pandemic”. 

Referring to the 2014 judgement in the Arnesh Kumar vs State of Bihar case, the Apex court also asked authorities to make arrests an exception in cases where the maximum sentence is up to seven years of jail term, livelaw.in reported. 

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High-powered committees will  consider the release of fresh prisoners, keeping in mind the guidelines of the National Legal Services Authority.

The Court wanted authorities to be considerate in case any inmate does not want to be released from prison  —  either because of their social background or because of fear of the virus.