SC stays Delhi HC order directing 2,318 undertrials in heinous crimes to surrender

New delhi: As Tihar authorities here prepare to take back over 6,000 inmates who were released on interim bail and parole in light of the pandemic as directed by the Delhi High Court, the Supreme Court on Thursday stayed parts of the high court order, in essence, ruling that over 2,300 undertrials involved in heinous crimes need not surrender by November 2 as mandated by the high court earlier.

Even after the inmates were released temporarily, Delhi's jails, which have a total capacity of 10,026, housed over 15,900 inmates. The petitioner in the top court, National Forum for Prison Reforms, had said asking the inmates to return to jails would further overcrowd them and risk spreading the virus.

In fact, the petitioner argued that the Director-General of Tihar also concurred that letting the inmates back into the jail would risk spreading the virus.

A three-judge bench of Justices Nageshwar Rao, Hemant Gupta and Ajay Rastogi stayed parts of the high court order that directed 2,318 undertrials involved in heinous crimes to surrender starting from November 2 and also issued a notice to the Delhi government in the matter.

The top court's order stayed three of the high court's directions with respect to the undertrials involved in heinous crimes and 356 other inmates who had been released on interim bail.

The specific parts of the order that have been stayed include the part where these 2,318 undertrials were asked to surrender starting from November 2 and the part that provides for these undertrials to approach courts for bail on the merits of their case.

Meanwhile, Tihar authorities are preparing as many facilities as possible, including a temporary jail near Mandoli, to gear up for the returning inmates.