On Monday, the High Court of Delhi asked prison authorities whether they have the sufficient number of isolation wards to accommodate all prisoners who would surrender if the bail extension orders issued by it are recalled.

The HC sought from the prison authorities the details regarding the number of Coronavirus cases in the 3 jails in the national capital, the number of prisoners who are out on bail & need to surrender in the next month & the number of isolation wards in each of the 3 jails.

The HC also expressed concern over "the surge in COVID-19 cases" in Delhi,

The order by a bench of Chief Justice D N Patel & Justices Siddharth Mridul & Talwant Singh came while hearing an application seeking modification of the HC's July 13 & July 24 orders by which it had clarified that its orders extending interim bails/paroles would be applicable to everyone granted the relief before or after March 16.

The application has alleged that the 2 orders were being misused by prisoners by seeking bail on grounds of family illness or some such other reasons, instead of seeking regular bail, & then getting the same extended on the basis of the high court's direction.

The HC said it won't permit misuse of its orders & it will recall its extension order if it was being misused.

"If they (prisoners) are misusing it, we will stop it & then let them suffer," the bench said.

It asked prison authorities information regarding the number of Coronavirus cases in the 3 jails, the number of prisoners out on bail & who need to surrender in the next month & the number of isolation wards in each of the jails.

The Court also asked the prison authorities if they have sufficient number of isolation wards to accommodate the large number of prisoners who would surrender if the extension orders are recalled.

The Bench said that "There is a surge in cases (in Delhi). We are truly concerned".

The HC also issued notice to the Director-General (DG) Prisons, who is in charge of all 3 jails -- Tihar, Rohini & Mandoli -- in Delhi & sought his stand before the next date of hearing on Oct 16.

The bench also sought the presence of DG Prisons, via video conference, on the next date, but it was told that he was suffering from COVID-19.

Thereafter, the Court directed that he may appear if he was well or someone can represent him.

The Govt of Delhi standing counsel Rahul Mehra said he was appearing for DG Prisons & will take instructions on the queries raised by the bench.

On Aug 24, the HC extended till Oct 31 all the interim orders which were to expire on or after Aug 31 in cases that are before it as also the District Courts in view of the persisting COVID-19 pandemic.

It had also extended the relief in cases related to those who were enlarged on interim bail or parole & may carry the COVID-19 infection.

If those whose interim bail is ending are required to surrender to the already congested & over-crowded jails, which may not be in a position to strictly maintain physical distancing amongst inmates, it may pose the risk of unchecked spread of the virus, the Court had said.

On March 25, the HC had extended till May 15 the interim orders in all matters pending before it & subordinate Courts, in view of the COVID-19 lockdown. Thereafter, the relief was extended from time to time. 

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