Supreme Court is hearing the suo moto petition pertaining to the issue of overcrowding and infrastructure of prisons across the country in the wake of the #coronavirus pandemic.
#COVID2019

Attorney General KK Venugopal apprises the Court of various measures taken vis-à-vis releasing and released prisoners across jails in India.
AG said most states have released prisoners in consonance with appropriate directions.
#COVID2019

Due to technical glitches, AG KK Venugopal has now been disconnected from the Videoconference hearing.
CJI, annoyed at the system, asks the official to fix it.
#COVID2019
#lockdownindia

Senior Advocate Dushyant Dave, who has been appointed as the Amicus in the present matter now on screen.
"At Satna Jail, Madhya Pradesh, there are some inmates who might be infected with #coronavirus"

Dave: "Prisoners are not to be released permanently. Order must be followed in letter and spirit. State govt is doing its duty very well, but the idea is containment of #COVID2019"
CJI: We are not saying the order wouldn't be implemented No intention to dilute the order(s).

CJI: We are Not saying you must compulsorily release the prisoners. However, States must understand gravity of the situation.
Senior Advocate Salman Khurshid now apprising the bench, says the provision for release of prisoners should now be extended to Detention Centres.

CJI: There is one instance, which has come to light wherein a released prisoner faced social boycotting out of fear in his locality on returning.
#COVID2019

CJI now inquires about Solicitor General Tushar Mehta's whereabouts who is currently not on the Video Conference screen hearing.
"Where is Solicitor General? Somebody make a phone call to him"

CJI: "Mr. Attorney, also please respond to Mr. Khurshid's prayer to extend our order to detention centres.

To this, AG KK Venugopal responds: "The purpose of the lockdown will be defeated, if prisoners will be released at this time"

CJI calls the release of prisoners in light of the #pandemic to prevent overcrowding a "Double Edged Sword".
"If virus spreads in any prison or detention centre, it will become a hotspot"
CJI adds, "Let the High power committees decide. Leaving it to state discretion"

AG KK Venugopal - "Goa has sent prisoners to shelter homes. They are in the incubation period. If we release them purpose of lockdown defeated. If they are infected with #covid19, released and allowed to travel, they may spread the disease further!"

CJI observes that this submission of the Attorney General is "hypothetical".
Says - "Look at your own reply. Then you will get it. The Solicitor General has only filed it."

AG: "If we release prisoners and detainees without testing they could infect people"
CJI: "We are not saying they should be allowed to travel to the villages and infect the villagers!"
#COVID2019

Senior Advocate Colin Gonsalves for National Forum for Prison Reforms now on screen before the Bench.
"The health authorities are keeping an eye on them.
There is no issue of transportation, no problem at all", Gonsalves.
@DColinGonsalves
#COVID2019

CJI: Indeed, there can be transportation but by maintaining #SocialDistancing
#COVID2019

Advocate TK Singh now apprising the bench on Videoconferencing, says Jail manual only allows grant of parole for 30 days.
"What happens if this period completes?" Singh

CJI: "We will say that you can extend it further. We will pass the order today"
#COVID2019

The screen of VC hearing again encounters glitches.
CJI to Solicitor General Tushar Mehta, seemingly perturbed by the technical glitches in the Videoconferencing hearings

- "We faced lots of problem today. Who is incharge of these things? Is it IT minister or who?"

SC asks Assam Government if the orders for release of prisoners can be extended to Detainees in foreigner Detention Centres in Assam.
Assam advocate: The people in the centres have been convicted and held guilty of illegally entering. They are not eligible for release.

CJI: "On September 15, 2019 we ordered those who completed 3 yrs in detention centre to be released. Now we will make it 2 yrs."
Assam's lawyer: "There were other conditions like bond of Rs 1 lakh. What about them?"

CJI asked the Attorney General, if these prisoners would be released, then who will give the sureties?
"You determine protocol for release. Court can't do it" : CJI
#COVID2019

Attorney General KK Venugopal: Incubation period is 14 days. Those who are released should be kept in isolation for such period before sending back to home.

CJI: You decide that. We will not say anything on it.
#COVID2019

The CJI asks AG
"How will ensure the foreign prisoners will not disappear, if they be allowed to be released?"
Senior Advocate Colin Gonsalves: They are not foreigners in real sense. Living here for 5 decades but don't have papers to show.
@DColinGonsalves
#CAA_NRC
#Covid_19

"Many prisoner have sons and grandsons and they have, in fact, agricultural land over here. They will not run away. Their family is here! The order may be implied, stated that they may be deported" Dr. Gonsalves
@DColinGonsalves
#COVID2019
#CAA_NRC_NPR