Kerala High Court extends stay on direction requiring on-parole prisoners to return to prisons amid COVID-19

The Kerala High Court today extended its interim order staying a State Government direction requiring on-parole prisoners to return to their jails in the month of November..The prisoners were released following the Supreme Court's directions issued earlier this year for the decongestion of prisons amid the COVID-19 pandemic..At the hearing today, the Court expressed its satisfaction with the steps already in place to accommodate the returning prisoners. .However, Justice VG Arun also took note of Senior Government Pleader Suman Chakravarthy's submission that the recommendations of the High Powered Committee had not been taken before issuing the direction for on-parole prisoners to return, although the Committee had been constituted.."You could all be hauled up for contempt..."Justice VG Arun told the State Pleader.The Supreme Court direction had mandated that decisions concerning the grant of interim bail/parole to prisoners should be taken by a High Powered Committee set up by the State Government, the petitioners' counsel urged the Court..The Court has now directed the State Government to act in terms of the Supreme Court's direction and to take decisions on this issue only after due discussion with the High Powered Committee. .With this, the matter was posted for November 30. The Court's interim order reads:."Having carefully scrutinised the Statements filed by the Joint Secretary ... I find that even though an HPC was constituted in terms of the directions of the Hon’ble Supreme Court in Suo Motu petition 1/2020, the requisite consultation and recommendation of the High Powered Committee was not obtained while issuing the impugned orders. Therefore, the Government has to necessarily act as per the directions of the Hon’ble Supreme Court in terms of release of convicts on parole and interim bail. The requisite shall be done within a period of one week. Post on 30/11/2020.".Justice. Arun had earlier raised a query during a previous hearing about the various measures the State Government had put in place to ensure the health of the returning prisoners..The High Court was hearing four petitions moved by on-parole prisoners challenging the State Government's orders requiring certain categories of prisoners out on parole to return to jails during the month of November. .Kerala High Court seeks State response on preparedness to receive prisoners returning from parole amid COVID-19.The Government orders under challenge have been contended to be violative of the Supreme Court's March 23 pronouncement, whereby the top Court had asked all States to consider releasing prisoners facing sentences of up to seven years in order to decongest prisons in light of pandemic..The Chief Justice-led Bench of the Supreme Court had directed States to form a high-powered committee comprising the Principal Secretary of the Home Department, the Chairman of the State Legal Services Authority, and the Director General of Prisons to consider various steps for de-congesting the prisons..Averring that the decision to recall certain categories of prisoners back to prisons was made without a reference to the High Powered Committee, the High Court has been urged to set aside the Kerala Government order.