The Kerala High Court has raised concerns about prisoners who remain in custody despite securing bail, due to their inability to meet bail conditions or pay fines. In a recent order, the court sought detailed reports from the State government and prison authorities regarding the current status of the Support to Poor Prisoners Scheme, a Central initiative designed to assist economically disadvantaged inmates in paying fines or meeting bail conditions.
The Division Bench, comprising Justice Raja Vijayaraghavan V and Justice G Girish, directed the authorities to submit information on the amount available in the zero-balance subsidiary account opened under this scheme. This move came in response to reports highlighting the plight of poor prisoners, who, despite being granted bail, remain incarcerated due to their financial constraints.
The court also instructed the authorities to provide updates on pending applications for remission, premature release, furlough, and parole, along with timelines for their resolution. Advocate Parvathi Menon, representing the Victim Rights Centre for the State Legal Services Authority, emphasized that some women prisoners who have been granted bail are still behind bars, and several inmates have been serving sentences for more than 14 years without any remission.
In a related submission, the State Legal Services Authority presented data on prisoners who have not been released even after securing bail. The court directed the Secretaries of District Legal Services Authorities to assess the socio-economic conditions of these prisoners and file reports to the jurisdictional courts, recommending relaxation of bail conditions for those unable to meet them.
The case has been posted for further hearing on October 16, 2024. The Kerala High Court’s order marks a significant step in addressing the challenges faced by economically disadvantaged prisoners and ensuring their right to justice.
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