Jorhat, Oct. 7: Dispur has changed the process of granting parole to convicted prisoners by shifting the authority to grant leave from the judiciary to the inspector-general of prisons by amending the state prison rules.
According to the Assam Prisons (Leave and Emergency Release) Rules, 1968, amended in 1986, a lifer, after completing three years in prison, is eligible to apply for leave of 20 days to the government. Other convicts serving different sentences are eligible for leave of 20 days on completion of two years in jail. After availing of the parole for the first time, a convict could apply for leave of 30 days each year till he/she remained in jail.
In 2011, the government had entrusted the power to grant leave to convicts to chief judicial magistrates (CJMs) following a Gauhati High Court order to the government, which said CJMs will decide on leave pleas by convicts till government amended the prison rules.
The court had delivered the order on November 15, 2010, while hearing a writ petition by an individual after around 69 convicts from different jails in Assam went missing over a period of 11 years, a majority of whom had been guilty of murder and other heinous crimes.
The decision regarding a prisoner’s application was previously taken by the inspector-general of prisons before the high court order.
A government notification issued by the principal secretary (home and political department) M.G.V.K. Bhanu on September 3 stated that the government has amended the prison rules, which from now onwards will be known as Assam Prisons (Leave and Emergency Release) Amendment Rules, 2013.
According to the amendment brought in the rules, from now onwards the leave application by a convict would be filed to I-G prisons through the jail superintendent.
A copy of the leave application will be forwarded to the superintendent of police of the native district of the convict mentioning the date of release. The superintendent after receiving the application shall make an inquiry through his department whether there is any likelihood of breach of peace if the prisoner is released on leave and whether the relative or friend with whom the convict wishes to stay during the period is willing to keep him/her.
The official, after getting the necessary information, shall prepare a report as to whether he/she recommends the grant of release on leave, and if so, for what period.
The notification said if the superintendent does not recommend the release, then he/she will have to state the reasons in detail of the same.
The report of the superintendent will be forwarded to the district magistrate, who after going through it will give his remarks on the matter and will forward it to the I-G (prisons).
The I-G after going through the reports and observations will decide whether to grant leave or not.
The convict, if granted leave, will have to execute a personal bond that he shall abide by the conditions stated in the rules during the leave period and a guarantor has to furnish a surety amount for the convict.
PRISON DIARY
The amendment calls for informing police immediately if convict does not return to prison on the due date, and lodge an FIR at the police station
Jail superintendent will conduct an inquiry and punish the prisoner in case of late return
There are 32 big and small jails in the state
An Assam Assembly committee headed by lawyer and Congress legislator Abdul Muhib Mazumdar in 2013 had recommended construction of more jails in the state
The committee had also recommended installation
of CCTV cameras in the existing ones
