Bangalore: Siddu regime approves guidelines for 'premature' release of prisoners

From Our Special Correspondent
Daijiworld Media Network - Bangalore

Bangalore, Jan 3: With almost a thousand prisoners, who had been sentenced to life and have completed 14 years of jail terms and having a ''sound track record,” languishing in different jails across Karnataka since the last eight years, the Siddaramaiah-led Congress regime has approved elaborate guidelines for release of certain categories of prisoners by recommending grant of pardon.

The four-page "Guidelines for premature release of certain categories of prisoners sentenced to life,” which were approved by the State cabinet meeting chaired by Chief Minister Siddaramaiah on Thursday, was drafted based on the Supreme Court’s order and the State Governor’s suggestions.

Under the guidelines, the State Government would constitute a committee headed by Principal Secretary/Secretary of the Home Department for the premature release of prisoners.

The committee would review the proposals case by case and made recommendations to the Cabinet for taking decision.

The proposals that have been recommended by the State Cabinet would be sent to the Governor for approval.

Kumaraswamy Regime Released Prisoners in 2006

The State Governor, on the recommendation of the State Cabinet, is vested with the power to grant pardon, to suspend, remit or commute sentences of convicts in certain cases under Article 161.

It may be recalled that the last occasion of the 50th anniversary of the State in August 2006 when the then H D Kumaraswamy-led JD(S)-BJP regime had pardoned 309 convicts on grounds of consistent good behaviour, ill-health and report from the jurisdictional superintendent of police that their release would not harm society, there have been no en masse release of convicts despite repeated efforts by the government.

In 2010, the State Government had thrice sent a list of 594 convicts to Governor H R Bhardwaj after evaluating several parameters, such as good behaviour, health, family issues and the fact that they had served six to 10 years in the prison.

But Bhardwaj on all the three occasions returned the files, stating that they should send him details of individual cases, their history along with the copy of the Supreme Court judgment on the remission of life sentence.

Governor Contended No Proper Guidelines

The Governor, had reportedly, contended that there were no proper guidelines and the earlier guidelines for premature release of prisoners were not clear. The ones that were framed in 2009 had loopholes and were faulty.

In fact, on a petition questioning the non-release of prisoners, the Karnataka High Court had in its judgement in March 2012 held that the release of 285 of the life convicts out of the prisoners granted pardon on the occasion of the State’s Golden Jubilee of Statehood was bad in the eyes of law.

Briefing presspersons on the Cabinet decisions, Law and Parliamentary Affairs Minister T B Jayanchandra said the guidelines would be extended to such prisoners, who have been tried in the courts of the State and are undergoing sentence within the prisons of the State.

The guidelines would apply to such prisoners, who have a record of good behaviour during their imprisonment and parole, and by their release there was no likelihood of any disturbance to public order, law and order or threats to the family of victims as also no threat to the life of the released prisoner.

These guidelines should be based on the report of the Advisory Board of the district concerned.

Pardon, but Conditions Apply

He said guidelines should apply to eligible persons subject to the various conditions, including that their cases does not fall under section 435 of Criminal Procedure Code and that they should execute bonds of surety as per terms and conditions.

Jayachandra said guidelines would not be applicable to prisoners convicted for offences against laws relating to a matter to which the executive powers of he Central government extends; offences elated to communal incidents; murder, convicted under Narcotics Drugs and Psychotropic Substances act 1985; Explosive Substances Act 1908, Indian Explosive Act 1884, Indian Arms Act 1959, convicted under the Essential Commodities Act, Protection of Civil Rights Act 1955, kidnap, Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985.

The guidelines would not be applicable to prisoners convicted for offences against children, cases related to economic offences including forest/mines and mineral resources, SC/ST Act, 1989, rape, forgery, dacoity and terrorist crimes, smuggling, immoral traffic in women and girls act, he said.

The additional director general of police and inspector general of prisons, Bangalore, would send the list of eligible convicts as per the guidelines in the prescribed format.