J&K constitutes panel to pass directions for release of prisoners amid COVID-19 outbreak

On the directions of the Supreme Court of India, the Jammu and Kashmir government constituted a high-powered committee to pass several directions for the release of prisoners to de-congest prisons following the rise in the novel Coronavirus cases in the country. The Committee comprises Executive Chairman J&K SLSA, Justice Rajesh Bindal, as its Chairman with Principal Secretary, Home Department Shaleen Kabra and Director General of Police (Prisons) J&K, V K Singh, as its members.

On the basis of the nature of the offence, the number of years and severity of the offence, the Committee proposed to release convicted prisoners and under trials. The panel directed the authorities to consider release on numerous categories of convicts on special parole for eight weeks, extendable for an additional eight weeks if the lockdown by the government continues, subject to good conduct.

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Criteria for release

All those who have been convicted in just a single case and have spent more than ten years (eight years in case of women) in jail — except those involved in militancy-related cases, convicted for intermediate or large quantity recovery under NDPS (Narcotics, Drugs and Psychotropic Substances) Act or convicted under POCSO Act or convicted for an offence against women or foreign nationals — are eligible for parole.

The panel has also asked the authorities to consider the release of all those who have been sentenced to imprisonment for three years with or without fine and the conviction has been upheld by the Appellate Court, but revision against the judgment by Appellate Court is pending before the High Court. All those who have completed their sentence, but are still in prison due to non-payment of fine should be considered for parole, the panel has directed.

The panel has also directed authorities to examine cases of prisoners with advanced age and suffering from any illness on a case to case basis. Similarly, in the case of under-trial prisoners, it is proposed that they may be considered for 60 days interim bail, extendable for another period in case the circumstances so demand, on furnishing surety and personal bond.

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Procedure

The procedure laid by the committee for grant of interim bail shall be dealt with either by the visiting judges on the bail applications in the jail itself, or alternatively by devising a mechanism of routing the bail applications through DLSA to the courts convened particularly for this purpose. The use of technology may be preferred instead of manual intervention.

Since the compliance of directions issued requires relaxation of J&K Suspension of Sentence Rules, 2020, as such, the government is requested to treat the matter with utmost urgency so that the directions issued by the Supreme Court as well as by the High-Power Committee are implemented at the earliest.

All the Principal District and Sessions Judges, who are Chairman of district UTRCs of their respective districts are requested to comply with the directions of HPC with regard to under-trial prisoners and submit the report within one week for placing the same before the HPC on April 10.

(PTI photo for representation)

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