The Delhi High Court has come up with a unique way for the prisoners to mark their attendance at the police station during the period of emergency parole by asking them to either WhatsApp video call or send their google location to the Investigating Officer (IO) to ascertain their location.
Generally, a prisoner or a convict on parole or furlough has to mark his attendance to the local police station. However, with the conditions of the lockdown, the court said that the prisoners can also use the feature of WhatsApp video call and google location.
In a couple of orders passed on April 20, Justice AJ Bhambani said that the inmates can ‘drop-a-pin’ on Google maps so that the IO/SHO can verify their presence and location. The court also said that the prisoners cannot leave the city without the permission of the court.
The order comes in two cases – one where a 73-year-old retired school teacher had moved the court challenging his conviction in a POCSO case for sexually assaulting a minor. In his plea, he had contended that he is old and is being treated for various ailments including hypertension, diabetes and bronchial asthma.
However, appearing for the state, the additional public prosecutor opposed his bail stating that he has been sentenced to 10 years for a heinous crime and hence should not be granted any bail.
Justice Bhambani, after hearing the arguments, said that “in the unprecedented circumstances of a public health emergency that prevail today and the consequent need to decongest prisons for the overall medical safety of all prisoners, this court is persuaded to grant to the appellant interim suspension of sentence for a period of three months with a list of conditions”.
In a similar order, where the court was hearing an appeal by a man called Ompal, Justice Bhambani granted him interim bail. Ompal was convicted for administering intoxicating substance to other workers while he was working as the van driver that was loading money for the ATMs.
He had moved the court seeking bail stating that his wife and three children have been facing problems in his absence. He contended that his wife, who works at a local school, has received no salary owing to the lockdown.
The court allowed him bail at a personal bond of Rs 50,000 with similar conditions to mark his attendance.
