Create Isolation Wards in Jails for Prisoners With Contagious Diseases: Delhi HC

This is so that there is no compelling need to repeatedly release on bail persons accused in serious offences

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The Delhi High Court has directed the Inspector General of Prisons to ensure that isolation medical wards or quarantine zones are created in all jails here so that there is no compelling need to repeatedly release on interim bail accused persons who are facing trial for serious offences.

The high court's direction came while granting interim bail to an accused, who sought relief on the ground that he was suffering from Herpes, a contagious disease, and was having lesions and pain.

“After hearing the submissions of both sides, it is considered that since Herpes is a contagious disease and irrespective of the fact that the applicant (accused) has been granted interim bail on occasions, which admittedly he has not misused, and his regular bail application has also been rejected, the fact that a person suffering from a contagious disease is continued to be allowed to stay in the jail with no provision for quarantine is a matter of concern,” Justice Asha Menon said.

The court further said, “The IG Prisons (Delhi) is directed to ensure that such isolation medical wards or quarantine zones are created in all jails so that there is no compelling need to release such accused who are facing trial for serious offences repeatedly on interim bail”.

The accused, who was facing prosecution in a case lodged under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, submitted that he was suffering from Herpes and placed on record the medical report.

The prosecutor opposed the plea saying the accused was taking advantage of repeated interim bail orders and that his regular bail applications have been rejected even up to the Supreme Court.

The high court said since the report of the medical officer of the jail states that cooler weather, the condition would improve, the application for interim bail is allowed for a period of two months from the date of his release on his furnishing a personal surety bond of Rs one lakh with one surety of the like amount.

It directed the accused not to leave Delhi without orders of the trial court and also not to delay the trial proceedings during the time he is on bail.

The high court said the accused shall not directly or indirectly make any effort to reach out to any witness under any circumstance and any such attempt should be construed as an attempt to interfere with the course of justice.

It said the accused shall surrender before the Jail Superintendent of Mandoli without fail on the expiry of the interim bail period.

(Published in an arrangement with PTI)