Undertrials Who Have Been in Prison for Over 6 Months Should Be Released, Delhi Government Urges High Court

New Delhi: The Delhi government on Thursday urged the High Court to immediately release all undertrial prisoners who have not committed heinous crimes but were in jail for over six months due to delay in disposal of cases.

The undertrials should not remain in jail because of lack of speedy disposal of their cases, the city government said, adding that prisoners should not suffer due to the "shortcomings" of the legal system.

It, however, clarified that those prisoners who have allegedly committed heinous crimes like murder, rape, conspiracy to commit rape or dowry death, may not be granted such a relief.

The submissions were made before a bench of Chief Justice G Rohini and Justice Jayant Nath by advocate Rahul Mehra, who also said Tihar Jail was "overcrowded" as it was housing more than twice the number of inmates it can accommodate.

The court was hearing a matter on the plight of women inmates in the jail, an issue brought to its attention by Supreme Court judge Justice Kurian Joseph in a letter, which was later turned into a PIL.

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The court on Wednesday took suo motu cognisance of the plight of 612 women inmates who have served half their maximum jail term without completion of trial and had agreed to hear the matter, saying "the issue is of great concern."

The Delhi government on Thursday told the court that instead of confining only to the 612 women inmates, the scope of the PIL should be enlarged to include all other similarly situated male prisoners.

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Advocate Mehra, representing Delhi Prisons which comes under Home Department of Delhi government, told the court that at present there were nearly 14,000 inmates in Tihar which has a capacity of only around 6,500.

Dharmesh Sharma of Delhi Legal Services Authority (DLSA) told the court that its legal service clinics were running in each jail of Tihar and periodic visits were made by their lady legal aid lawyers and senior officials.

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He also alleged that the data submitted by Delhi prisons was misleading.

The court then sought a report from DLSA indicating steps it has taken on the issue and listed the matter for hearing on July 14, when it said it will also pass a comprehensive order.

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It also said that the matter required to be monitored as it did not know whether periodic reports about the condition of the undertrial prisoners was being submitted as per the Supreme Court's direction in 2014.