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6. It is further contended that the Hon'ble Apex Court in Suo Moto Writ Petition (Civil) No.1/2020, taking cognizance of the wide spread and effect of Corona Virus (Covid-19) and having regard to the provisions of Article 21 of the Constitution of India, considering it imperative to ensure that the spread of Corona Virus within the prisons is controlled, had on 23/3/2020 issued certain directions including the constitution of a High Power Committee to determine which classes of prisoners can be released on parole or on interim bail for such period as may be thought appropriate. The High Power Committee so appointed was to determine the category of prisoners who could be released depending upon the nature of offence, the number of years to which the convict has been sentenced or the severity of the offence with which the under-trial is charged with and is facing trial or any other relevant factor which Cri.wp 361 with Cri.wp 362 of 2020.odt the Committee may consider appropriate. It was further directed that the under-trial review committee contemplated by the Hon'ble Apex Court in re inhuman conditions in 1382 prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the concerned authority as per the said judgment and so also the directions contained in para 11 in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.

10. Before we consider the rival contentions, it is necessary to note a few things. The Hon'ble Apex Court taking suo moto cognizance of the pandemic created due to Corona Virus, on 23/3/2020, directed each State and Union Territory to constitute a High Power Committee in the following terms :-

"Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence Cri.wp 361 with Cri.wp 362 of 2020.odt with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate. The Undertrial Review Committee contemplated by this Court In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, shall meet every week and take such decision in consultation with the 8 concerned authority as per the said judgment. The High Powered Committee shall take into account the directions contained in para no.11 in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. "
(vi) Before the temporary release of prisoners, the necessary medical protocol in relation to screening of Corona virus (COVID - 19) shall be followed by the jail authorities and action be taken accordingly.
(vii) The prisoners who fall in the 'class' or the 'category' spelt out by this decision will be entitled to be released in accordance with law. In considering every case for such release, the "nature of the offence"

and the "severity of the offence" shall be considered. The possibility of the prisoners committing offence in case of temporary release (such as habitual offenders) or likelihood his/her absconding should also be considered an important tests to decline such requests Cri.wp 361 with Cri.wp 362 of 2020.odt for temporary release.

21. The country is presently reeling under the Covid-19 epidemic, since the middle of March, 2020, which has affected the lives of the citizenry, adversely to an extent, which is incomparable, to anything in the recent past. Social distancing, considering the nature of Corona Virus, the virulent infection which it causes, its rapid spread, and abysmally insufficient data/information regarding its affectation, behavior has turned lives of people upside down. The Corona Virus has affected one and all, without any categorization altogether, to such an extent, that the provisions of the Epidemic Diseases Act, 1897, were required to be taken recourse to, for declaring a State of pandemic in the entire country.