27 July 2020, Banke: Advocacy Forum-Nepal together with other human rights organizations and advocates registered a writ petition on 23 July 2020 at the High Court Tulispur- Nepalgunj bench demanding protection of right to life and health of detainees and prisoners with District Administration Office Banke, Prison Office Banke, and Child Correction Home, Health Office etc as defendants. The writ petition demanded the Court to protect the right to life, right to be safe from communicable diseases, right to health, right to legal counselling of detainees and also conduct PCR (Polymerase Chain Reaction) testing and other necessary health facilities of the detainees and prisoners. Furthermore, the writ also demanded to provide personal protection equipment (PPE) for the security personnel in contact with the detainees. The application further demanded to conduct compulsory PCR testing of the detainees before they are presented to the Courts or sent to prison or Child Correction Home, not to house more prisoners than the maximum capacity of a prison. Despite the constitutionally guaranteed right of the detainees to consult legal professionals, such right has not been implemented in practice so the petition also demanded the arrangement of a separate and secured unit for legal counselling. The petition further demanded for an interim order against the defendants as per Rule 42(1) of the High Court Regulations 2016 and Section 158(2) of Muluki Civil Procedural Code 2017 has also been demanded from the Court.
Furthermore, the petition highlights the pertinent problems such as lack of nutritious food, proper place to sleep, shower, toilet, medical facilities, meeting and communication with relatives and so on due to overcrowd in the prsion as a result of which life of the prioners has become miserable. Overcrowd in the prison has made it impossible to maintain physical distancing exposing the prisoners to risk of spread of COVID-19. Similarly, due to the overcrowdness at the Child Correction Home, 20 children are forced to sleep in one room which makes it impossible to maintain physical distancing and implement health regulations.
Responding to the writ petition, on 26 July 2020, stating that there is no guarantee that the prisons are free of COVID-19, the Court issues an interim order against the defendants to, (i) conduct PCR tests of the security personnel and staffs who come in contact with the prisoners, (ii) to compulsorily test COVID-19 for the new prisoners and juvenile delinquents before sending them to prison or Child Correction Homes, (iii) to conduct PCR testing of all prisoners in different phases, starting with the ones who are suffering from various diseases, women and senior citizens, (iv) to maintain physical distancing to the maximum extent possible and make compulsory arrangements for mask, soap and sanitizers, (v) to sanitize the food brought from outside before providing to the prisoners/detainees, (vi) in other matters, implement the decision of the High Court dated 04 February 2015.
Interim Order of High Court on Detainees and Prisoners – 26 July 2020
