Poor Prisoners Jailed Despite Bail? Kerala High Court Seeks To Know Funds Available Under Centre’s ‘Support To Poor Prisoners’ Scheme’

The Kerala High Court has sought a report from the State Government and prison authorities regarding the current status and amount available in the Zero Balance Subsidiary Account opened under the Support to Poor Prisoners’ Scheme.

The Support to Poor Prisoners’ scheme was launched by the Ministry of Home Affairs to provide aid to poor prisoners who were unable to secure bail or pay the fine imposed on them due to poor economic conditions.

The Court passed the above order in the suo moto case initiated pursuant to the order of the Apex Court that despite getting bail, a large number of accused were languishing in prison due to their economic inability to fulfil the bail conditions.

The Division Bench of Justice Raja Vijayaraghavan V and Justice G Girish said a report shall also be filed regarding pending applications relating to prisoners who have filed for remission, premature release, furlough, and parole and the timeframe within which those applications have to be disposed of.

“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.”

Advocate Parvathi Menon, appearing for Victim Rights Centre for State Legal Services Authority submitted that some women prisoners have been enlarged on bail but not released. It was also submitted that some inmates have been undergoing sentences without remission for more than 14 years.

The State Legal Services Authority also filed a statement before the Court regarding the details of prisoners who were not released on bail even after seven days of securing bail and about other pending applications filed by prisoners. It is also submitted that the non-releasing of these prisoners is being scrutinized and steps are being taken.

Considering the report filed by KeLSA, the Court has directed the Secretaries of District Legal Services Authorities to assess the economic conditions and prepare a socio-economic report of those prisoners who have secured bail but remain in custody due to failure to meet bail and surety conditions. The Court further directed them to file socio-economic reports prepared before the concerned jurisdictional court for the relaxation of their bail conditions.

The matter has been posted to October 16 for further hearing.

Counsel for Respondents: Director General of Prosecution T A Shaji, Additional Public Prosecutor P Narayanan, Senior Public Prosecutor Sajju S, Advocate Leo Lukose

Case Number: WP(CRL.) NO. 867 OF 2024

Case Title: Suo Moto v State of Kerala

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