[COVID-19] Madras High Court directs State to upload decisions of High-Powered Committee online, permit lawyers to interact with clients in Jail

The Madras High Court on Thursday directed the State government to upload the decisions taken by the High-Powered Committee (HPC) constituted to decide on the temporary release of inmates in correctional homes to decongest such places amid the COVID-19 pandemic. .The direction was issued following a suggestion made by Senior Advocate and Amicus Curiae R Vaigai.."...This is an appropriate suggestion. The relevant Government Departments should publish the decisions taken by the High Power Committees at the recent meetings setting down parameters for grant of parole or leave of inmates at correctional homes. The process of temporary release of the inmates should be expedited so that the crowding in the correctional homes is brought down to the extent possible", the order stated..Further, on the issue being flagged by Advocate Alagumani today, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy issued directions to facilitate the interaction of lawyers with inmates of correctional homes amid the pandemic. .The Court was told that meetings between lawyers and clients in jail were halted during the COVID-19 lockdown. .In response, the Court has ordered:"Since there are video conferencing facilities and, in any event, there are video calls possible by way of mobile apps, the authorities at all correctional homes should permit interaction between advocates representing the inmates and the relevant inmates upon setting down certain parameters in such regard. Since the surge has subsided in most places, immediate contact may be permitted as sought, on a rational and reasonable basis.".The Court passed the order in a suo motu case registered to monitor the conditions in prisons and correctional homes of Tamil Nadu during the pandemic. .The Bench had recently revived the HPC tasked with decongesting prisons during the first wave of the pandemic, after COVID-19 cases soared during the second wave. .The Chief Justice today said that the Court has received reports indicating that the HPC is taking satisfactory steps on various fronts, including on the interim release of women inmates with small children aged less than six..Vaigai had highlighted this aspect in the last hearing, when she explained that the jail manual permits children less than 6 years old to stay with their mothers in jail. .The Court was informed that there were seven such women with children, including four convicts. Further, it was submitted that steps were being taken by the HPC to give such inmates leave as special cases..Overall, the COVID-19 situation in the correctional homes of Tamil Nadu was not alarming as per the report furnished by the Tamil Nadu Legal Services Authority, the Court noted. .With respect to Puducherry, the Court expressed concern that 64 prisoners had been afflicted with COVID-19, of which all but two had recovered. The Court was also informed that there has been no fatalities. .It was also noted that a COVID-care facility has been set up in the Puzhal Central Prison, Tamil Nadu. Senior Advocate Vaigai pointed out that there were nine other central correctional homes with a large number of prisoners where such facility has not been set up. This submission was also taken on record by the Court. .The matter has been posted for further consideration next on June 3. On request, the Court has also directed that the authorities communicate the HPC minutes and other relevant information to Senior Advocate Vaigai for her perusal. .[Read the Order]