Release those who have served more than two years: Supreme Court modifies order in Assam Detention Centres case

In a bid to contain the spread of novel Coronavirus in the detention centres of Assam, the Supreme Court has ordered modification of its order passed last year.The Court has now stated that foreigners lodged in these detention centres for more than two years will be released..On May 10, 2019, the Supreme Court had ordered for foreigners who had served more than three years to be released on bail after production of two sureties worth Rs. 1 lakh each and a bond..Assam Detention Centres: Illegal immigrants detained for over three years to be released, Supreme Court.In its order passed today, the Court has reduced the condition now to two sureties worth Rs. 5,000 each..Advocate Shoeb Alam who argued through videoconferencing in Supreme Court for a rights organisation, "Justice and Liberty Initiative", an intervenor represented through Advocate on Record Talha A. Rahman, confirmed the order to Bar and Bench after the hearing was over..The Bench of Chief Justice of India SA Bobde and Justices L Nageshwara Rao and Mohan M Shantanagoudar was hearing a suo motu petition regarding overcrowding of prisons during the COVID-19 pandemic..Senior Advocate Salman Khurshid had asked the Court whether its previous order on decongestion of prisons will apply to detention centres in Assam..However, the advocate appearing for Assam maintained that "the people in the centers have been convicted and held guilty of illegally entering. They are not eligible for release"..Attorney General KK Venugopal also submitted that if an infected person is released, then they would infect others too..However, Senior Advocate Colin Gonsalves, appearing for National Forum for Prison Reforms, stated that the released persons would be checked for any symptoms.."The health authorities are keeping an eye on them. There is no issue of transportation, no problem at all," said Gonsalves..Khurshid too submitted that detenues can be checked before release..CJI Bobde responded, "If transportation is done, then can we maintain the social distancing?".On the issue of release from prisons, AG Venugopal maintained that such a release during lockdown was not feasible..However, CJI Bobde stated that such an apprehension about a Coronavirus positive inmate infecting others upon release was "hypothetical.".The CJI had also questioned as to how the state will look after a possibility of disappearance by foreigners once they are released..To this Colin Gonsalves said, "They are not foreigners in real sense. [They have been] living here for five decades but they don't have papers to show"..The Supreme Court is expected to publish the detailed order this evening..[Read Order Copy]