Maharashtra: Plea challenges decision to exclude undertrial prisoners booked under special laws

The Bombay High Court has issued a notice to the state and posted the matter for April 8.

The Aurangabad bench of the Bombay High Court has asked the state government to respond to a plea challenging a high-powered committee’s decision to exclude prisoners booked for offences under special laws from being considered for temporary release to decongest prisons due to COVID-19 outbreak. A bench of justice R G Avachat heard the plea filed by two undertrials.

The high-powered committee, constituted in the state following the Supreme Court order on decongesting prisons, had last week decided that undertrial prisoners booked for offences with maximum punishment up to seven years will be released on interim bail initially for 45 days on furnishing personal bonds. The committee, however, excluded those booked for serious offences under special laws, including Prevention of Money Laundering Act (PMLA), Unlawful Activities (Prevention) Act, Maharashtra Control of Organised Crime Act (MCOCA) and Narcotics, Drugs and Psychotropic Substances Act.

The plea filed through advocates Pradnya Talekar and Madhavi Ayyappan claimed the committee’s directive was contrary to the Supreme Court’s order. “The discretion given by SC was to ensure that the committee shall take into consideration the relevant parameters so as to ensure that the right category or class of prisoners are released rather than making blanket exceptions based on irrelevant criteria,” the plea stated. It claimed that the state’s review committee for undertrials is yet to meet and take any decision.

The court has issued a notice to the state and posted the matter for April 8.