The AAP government wants over 1,400 under-trial prisoners released from jails in Delhi because it claims their detention is in violation of the Supreme Court’s order that arrests can be made only if they are required is followed.
Delhi government has told a bench of Chief Justice G Rohini and Justice Jayant Nath that the trial court and police were violating the Supreme Court direction, which attracts contempt of court proceedings against the authorities concerned.
“If the Supreme Court order is followed that police should not arrest persons unless they are required and courts should not authorise detentions in a mechanical manner, at least 1,460 undertrial prisoners will get the benefit, who can walk out of the jail immediately,” the Delhi government’s senior standing counsel Rahul Mehra was quoted by the PTI.
Referring to a status report filed by the state government, Mehra said that that there were 1,460 undertrial male prisoners in Delhi jails for offences which were punishable with less than seven years of jail term.
He said that both the police and trial courts were responsible for putting these prisoners behind bars, so in violation of the Supreme Court direction they are liable to face contempt proceedings.
The Delhi government’s submission came in the backdrop of court’s query which was sought during hearing of the issues related to overcrowding in jails and prolonged detention of male and female undertrial prisoners in Delhi.
Meanwhile, Delhi State Legal Services Authority (DSLSA) said that the police officials are found to be violating the Supreme Court’s direction. .