Kerala HC Seeks Status From State Of ‘Zero Balance Subsidiary Account’ Under ‘Support To Poor Prisoners’ Scheme By Centre In Suo Moto Petition
The Kerala High Court has sought the current status from the State of the ‘Zero Balance Subsidiary Account’ opened under the ‘Support to Poor Prisoners’ Scheme’ of the Centre regarding pending applications relating to prisoners who have not been released even after seven days of the grant of bail.
In a suo motu writ petition, the Court issued directions regarding the issue of delayed release of prisoners, specifically women inmates who continue to remain in custody despite being granted bail. The Court also sought updates on pending applications related to the remission, premature release, furlough, and parole of other prisoners.
A Division Bench of Justice Raja Vijayaraghavan V and Justice G. Girish observed, “The learned Public Prosecutor shall obtain a report from respondents 1 to 4 as regards the current status of the Zero Balance Subsidiary Account opened under the “Support to Poor Prisoners’ Scheme”, including the amount presently available in the said account. A report shall also be submitted before this Court as regards the status of pending applications before them, concerning remission, premature release, furlough, and parole, along with the time frame within which those applications are disposed of.”
Director General Of Prosecution T.A. Shaji and Senior Public Prosecutor Sajju S. appeared for the State.
For providing support to poor and indigent prisoners, the Ministry of Home Affairs (MHA) prepared the “Support to Poor Prisoners” scheme, which aimed at providing relief to poor prisoners, who were unable to pay fine amount or were unable to secure bail due to financial constraints.
The Court directed that the Probation Officers/Para-Legal Volunteers were to assist in assessing the economic conditions and prepare a socio-economic report of the individuals who have been granted bail, but who remain in custody due to non-compliance with bail and surety conditions
“In terms of the directions issued by us, a report has been filed before this Court by the Project Coordinator, Victim Rights Centre, KeLSA highlighting certain issues. Some of the women inmates have been enlarged on bail but not released. Some of the inmates have been undergoing sentence without remission for more than 14 years,” the Court remarked.
Consequently, the Court directed the Public Prosecutor to obtain an updated report from the State of Kerala on the Zero Balance Subsidiary Account under the “Support to Poor Prisoners’ Scheme,” including details on the current funds available and the status of all pending applications concerning remission and parole.
“Having regard to the issues involved and for the effective adjudication of the matters, we are of the view that the Secretary to the Government of India, Ministry of Electronics and Information Technology is also a necessary party to the proceeding,” the Bench ordered.
Accordingly, the High Court listed the matter for further hearing on October 16, 2024.
Cause Title: Suo Moto v. State of Kerala & Ors.
Appearance:
Respondents: Director General Of Prosecution T.A. Shaji; Senior Public Prosecutor Sajju S.; Additional Public Prosecutor P. Narayanan; Advocate Leo Lukose
