High-Powered Committee is at liberty to change norms: SC on plea seeking interim release of prisoners under special acts

The Supreme Court, while hearing a plea for interim release of prisoners charged under Special Acts amid COVID-19, on Monday observed that it will pass a detailed order and held that the High-Powered Committee will be at liberty to change its norms as per changing conditions.

Social activist Medha Patkar, her orgzation National Alliance of People's Movements, along with social activist Meera Sadanand Kamath had approached the apex court challenging the August 5 judgment of the Bombay High Court whereby all such convicted prisoners undergoing punishment under the Special Acts were denied interim bail in the wake of COVID-19 pandemic.

The bench headed by Chief Justice of India (CJI) SA Bobde said it will pass a detailed and reasoned order and will observe that the High Power Committee, set up to consider the release of prisoners on interim bail or emergency parole to decongest prisons amid COVID-19, will be at liberty to change its norms as per conditions.

The plea said that the top court had on March 23 ordered that all states should constitute a High-Powered Committee for the release of prisoners on interim bail or emergency parole to decongest prisons amid the ongoing due COVID-19 pandemic.

The Maharashtra State High-Powered Committee had directed that all persons, who are accused or convicted of offences punishable with imprisonment of seven years or less shall be released on interim bail or emergency parole, however, it had held that these directions would not apply to the prisoners accused of offences under the Special Acts or serious economic offences.

Patkar had challenged this decision before the Bombay High Court, which rejected the petition.

Approaching the apex court, the plea said that emergency parole was denied on the ground that these Special Acts provide for additional restrictions on grant of bail in addition to those under the Code of Criminal Procedure.

The benefit of emergency parole was denied to the prisoners convicted for serious economic offences, bank scams or offences under the special Acts like MCOC, PMLA, MPID, NDPS, UAPA etc, the plea said.

It also sought directions that the case of 17, 642 undertrial prisoners lodged in jails of Maharashtra for temporary release on interim bail, pending the final hearing in the matter, be considered.

( With inputs from ANI )