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No prisoner to be released who has suffered coronavirus disease; SC.

Supreme Court of India

Chief Justice S.A. Bobde, Justice L. Nageswara Rao & Justice  Mohan M. Shantanagoudar

The SC on April 13, 2020 {IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS } in suo motu writ petition  had issued following directions for prisoners in jails:

"(a) No prisoner shall be released if he/she has suffered from coronavirus disease in communicable form hereafter. For this purpose, appropriate tests will be carried out.

(b) If it is found that a prisoner who has been released is suffering from coronavirus after the release, necessary steps will be taken by the concerned authority by placing him/her in appropriate quarantine facility.

(c) Transportation shall be done in full compliance of the Rules and Norms of social distancing. For instance, no transportation shall be allowed in excess of half or one fourth capacity of the bus as may be found appropriate to ensure that the passengers who have been found to be free of coronavirus disease are at a distance from each other.

(d) The order dated 23.03.2020 shall be applicable to correctional homes, detention centres and protection homes."

It was further clarified by the SC that by earlier order(s) it has not directed the States/ Union Territories to compulsorily release the prisoners from their respective prisons.

The said directions were issued on the interim application, and in view of spread of Covid-19, and in furtherence of earlier order(s) by the SC. 

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