The Delhi High Court's Division Bench comprising Justice DN Patel and Jyoti Singh on Thursday disposed of a Public Interest Litigation (PIL) seeking extension of parole of ailing and prisoners above 65 years.
Petitioner Advocate Amit Sahni on Thursday requested that the matter may be deferred or directions issued to ensure surrendering of ailing prisoners or prisoners above 65 years of age after the surrender of all other convicts/undertrial prisoners.
"We don't wish to keep this matter pending due to pendency of similar matter pertaining to the extension of interim bail/emergency parole/furlough to the prisoners before the Supreme Court," Delhi High Court said.
Justice DN Patel while disposing of the plea on a lighter note asked the petitioner, "we want to save your energy for the next time whenever such situation arises."
The court, however, granted liberty to the Lawyer Activist Amit Sahni to move appropriate authority whenever such need arises in future.
The PIL was filed by Advocate and Social Activist Amit Sahni seeking direction to defer the surrendering of prisoners with multiple medical conditions and prisoners above 65 years of age, in the larger interest of prisoners and prison administration.
The plea also sought directions be issued to the respondents to ensure surrendering of such ailing or prisoners above 65 years of age after the surrender of all other convicts/under-trail prisoners.
Advocate Sahni submitted that earlier Supreme Court had asked all prisoners in a scheduled manner but later due to the second wave of Covid, the Supreme Court vide its order dated July 16 2021, in (Suo Moto Writ Petition 1/2021) has extended emergency parole of the prisoners.
The Supreme Court had further directed that prisoners should not be asked to surrender till further orders.
Petitioner had pleaded that Delhi Jails have the capacity to retain 10026 prisoners only and at present, about 14000 prisoners are lodged in Delhi Jails excluding about 4000 prisoners, who are at present released on interim bail/emergency parole. It is, therefore, clear that social distancing cannot be maintained as the Tihar Jails are overly crowded and in case 4000 prisoners surrender then the situation may worsen in Tihar Jails and the same would be detrimental and adversely affect prisoners and jail administration as well.
( With inputs from ANI )
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