High Court steps in for premature release of convicts

The Division Bench comprising Justices Amar Saran and S C Nigam,in a writ petition filed by Bachche Lal,directed the state government to submit a report by March 12.

The court also took note of the affidavit filed by Inspector General (Prisons) Sulkhan Singh,stating that there are 267 prisoners who have served 14 to16 years in jail,103 prisoners with 16 to18 years in jails,93 prisoners with 18 to 20 years in jail,61 prisoners with 20 to 22 years,41 prisoners with 22 to 24 years,10 prisoners with 24 to 26 years,three prisoners with 26 to 28 years,three prisoners with 28 to 30 years and four prisoners with more than 30 years in jail.

The Bench observed that looking at the chronic overcrowding in the prisons,the release of only five prisoners in the last two years was a very small number.

The prison authorities,district magistrates,district police chiefs,probation officers,the advisory board headed by Inspector General of Prisons and the government have been directed to follow a time-bound procedure mentioned in the government order,dated September 6,2004.

The court further directed that in case any intermediary authorities like the district magistrate,SSP or the probation officers,failed to accord due consideration to the matter,as directed in the government order,the government may consider empowering the higher authorities to consider the matter for premature release of a prisoner if sufficient material for taking a decision is available.

The IG (Prisons) was directed to issue reminders to the relevant authorities who delay their reports.