Supreme Court extends order on bail extensions for Delhi undertrials till Jan 21

New Delhi: Undertrials who got an extension in bails amid the Covid-19 pandemic in Delhi would not have to return to jail immediately as the Supreme Court on Monday extended till January 21 its stay on a High Court order to direct prisoners to surrender before prison authorities in a phased manner between November 2 and 13.

A bench headed by Justice L Nageswara Rao and comprising Justice Hemant Gupta said: "Interim order passed by this court on October 29 is extended till the next date of hearing. List on Thursday, January 21, 2021."

On October 29, the Supreme Court had stayed the Delhi High Court order that discontinued its blanket order to extend all interim stays and bails granted prior to and during the COVID-19 lockdown after October 31.

Senior Advocate Colin Gonsalves, assisted by lawyer Satya Mitra, made submissions in the matter on behalf of National Forum on Prison Reforms (NFPR).

The plea in the top court had said that the High Court while passing this order had brushed aside, without even perusing, the recommendations/orders of a high-powered committee of the High Court appointed by the top court for the release of prisoners on account of the real possibility of Covid outbreak in the 16 Delhi jails.

The plea stated that 2,318 affected undertrials would have to approach court for continuation of their bails, which itself would create confusion and stress on the lower courts.

The court also stayed few other directions issued by the High Court in its order dated October 20.

The High Court had in its order directed that there shall be no further extension of the interim bails granted to the 2,318 undertrial prisoners who were involved in heinous crimes.

"As far as the first category of 2,318 undertrials involved in heinous crimes, who were granted interim bail by the district courts, there shall be no further extension of interim bails under the orders of this court," said a High Court bench headed by Chief Justice DN Patel and comprising Justices Siddharth Mridul and Talwant Singh.