National Alliance for People’s Movements & Ors. vs The State of Maharashtra & Ors.

HELD: 1. The very purpose of directing each of the States/Union Territories to constitute a High-Powered Committee is that the HPC taking note of the subsisting position in such State will take a decision in the matter as the HPC will have the wherewithal to secure all details and take a decision. If the said aspect is kept in view, it is noticed that by the guideline dated 25.03.2020 the Committee in question has categorised the undertrials/convicted persons by the nature of the crime and the length of the punishment which will take care of the severity in the process of consideration. In that regard, insofar as the undertrial/convicted persons charged under the common law, namely, the Indian Penal Code; they are classified into two categories i.e. category-(i) as punishment below 7 years and category-(ii) as punishment above 7 years so that the consideration could be in that manner. The Committee has thought it fit to separately classify the undertrials/convicted persons who are charged under the Special Enactments irrespective of the duration of imprisonment notwithstanding the fact that the punishment imposed could be less than 7 years. In that regard, what has weighed with the HPC is that such enactments provide for additional restrictions on grant of bail in addition to those under the Criminal Procedure Code. The said categorisation in view of this Court cannot be considered as unreasonable since at the first instance, based on the categorisation made a consideration is required by the Court for grant of interim bail if such undertrial/convicted person is seeking bail purely on taking benefit of the notification issued pursuant to such decision taken by the HPC. The exclusion made has a reasonable basis and cannot be termed arbitrary. [Para 11][1004-F-H; 1005-A-B]

2. As already indicated the present methodology for grant of the interim bail is with the intention to avoid overcrowding in the unprecedented circumstance and the grant of bail in the present circumstances is an additional benefit to such persons. In that circumstance what has been curtailed by the HPC by excluding certain categories is only with a view to deny the benefit to certain category of jail inmates who are charged with serious offences which has an adverse effect on the society at large though the length of the punishment that can be imposed may be lesser. Such of those persons charged under the special enactments or convicted for a period, more than 7 years in any event if they are not otherwise disentitled to bail in a normal circumstance could still seek for bail in accordance with law and cannot treat the pandemic as fortuitous circumstance to secure bail to which they were otherwise not entitled to in law by claiming equal treatment. All that the HPC has denied them is the benefit of seeking interim bail only on the ground that they are entitled to be released on bail in view of the Covid-19 situation and no other legal right has been denied. Therefore, in the circumstance where the present consideration for bail is not provided under a statute but is made available based on the order passed by this Court and further, when a known criteria is formulated by the HPC, which had all materials before it, an interference with the same in a petition of the present nature in any event would not have arisen and the High Court was accordingly justified in its conclusion. [Para 12][1005-C-G]

3. Having stated so it is necessary to indicate that the cause for grievance may arise for an individual undertrial/convicted prisoner only if such person has been discriminated as against the prisoner in the same category for which the benefit has been provided by the categorisation made by the HPC. That apart the intention being to decongest the prisons, as a first step the release of the prisoners based on the impugned guidelines, held to be unflawed would be made. If, despite the release of the undertrial/convicted prisoners in the categories presently made does not achieve the purpose and the fact that additional prisons are set up also does not suffice and in that context if any modification with regard to the categories made by HPC is necessary; certainly it would be open for the HPC to take note of the same and apply their mind to modify its guidelines in that regard. [Para 14][1006B-D] The State of West Bengal v. Anwar Ali Sarkar AIR (39) 1952 SC 75 : [1952] SCR 284; Arun Kumar & Ors v. Union of India & Ors. (2007) 1 SCC 732 : [2006] 6 Suppl. SCR 290; K.R. Lakshman & Ors. v. Karnataka Electricity Board (2001) 1 SCC 442 : [2000] 5 Suppl. SCR 535 – referred to.