COVID SITUATION: Gauhati HC panel asked to decide if women prisoners with kids can be released

GUWAHATI:

Gauhati High Court has passed an order directing the state government to place a list of women prisoners living with their children before a high-powered committee of the court to evaluate if they can be released under special circumstances given the COVID pandemic.

Chief Justice Sudhanshu Dhulia and Justice Achintya Malla Bujor Barua, while hearing a suo motu public interest litigation on Wednesday, instructed the Assam government and the High Court Registrar (Judicial) to forward the list to the committee for deciding on the release of the prisoners.

The court stated that a high-powered committee was already in place and has drawn certain principles on which jail inmates have to be released on temporary bail for three months or so due to the pandemic.

The court noted that in pursuant of its order of May 11, 2021, a list of women jail inmates was submitted, including details like those having small children with them who are either undertrials or have been convicted.

“On enquiry, we have found that these children are not juvenile in conflict with the law, but they are in jail since they are less than six years of age and as per the Jail Manual, they are allowed to stay with their mothers who are in jail,” the order said.

“It would be in the best interest of everyone that this list be forwarded to the said high powered committee which shall look into this aspect and examine whether any of the inmates who are in the list can be released under these special circumstances of COVID-19 pandemic,” the order said.
The court has fixed May 28, 2021, for further hearing on the matter.

(Edited by Shankar Kumar Turha)

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