[COVID-19 + cases in Arthur Road Jail] Bom HC | Inmates have right to safety & healthy environment as even while incarceration they equally enjoy right to life as those in outside world

Bombay High Court: Bharati Dangre, J., addressed a bail application of a 43 year old person who sought the same for reasons of spread COVID19 in Arthur Road Jail.

Senior Advocate A.H.H. Ponda for the applicant submitted that inmates and staff members have been tested positive in the jail.

He further added to his submission that, applicant is a chronic diabetic patient, hyper tension and high Blood Pressure along with sinus problem and according to studies, persons suffering from such chronic ailments is more susceptible to Corona Virus.

Bench noted that no doubt that the situation is precarious as more than 100 inmates of Arthur Road Jail have been found to have tested positive.

It is for the State Government and policy makers to take a decision in this regard.

Further if the above-stated figures are true, then it is for the authorities to arrange for their affairs and ensure that inmates housed in the jail are not infected by the virus on account of over crowding and need not be reminded of the Right of inmates of a safety and healthy environment as even while incarceration.

There is always a hope and expectation that the jail authorities are sensitive to the aforesaid situation and would take appropriate steps.

Thus, Court held that it is open for the State Government and Jail authorities to take appropriate policy decision to tackle the situation and since no imminent health impediment is reflected in the present application, it stands rejected. [Ali Akbar Shroff v. State of Maharashtra, 2020 SCC OnLine Bom 635 , decided on 08-05-2020]

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