Government of P}unjah‘ Department of Home Affairs & Justice (Home-7 Branch) Nollflcntlon i [ Dated : 14 December, 2017 N02/183/89-1H7/1126030/1 In Ju‘)urwsJIon of the policy published vide notification No. 2/183/89-197/476 dated q" /\prII ZO!LF of Lpu Government of Punjab Home Alfairs and Justice DLPJI[I“L‘I“ The Governor of Punjab{la according to which the Prisoners of the Punjaly Prison:
premature release.
N pleased to framd the following policy 3 wIH be able totake the benefit of i Policy Iw ! i
(i) This policy will be called Premature Release Po\lcy‘2017 for life convicts. |
(i) This policy will come into effect with the date of publication in the Government gazette.
Definitions:- In Lhrs policy unless context requires the others- |
(a) "Premature Release policy" means release which ls only in the cases of those life time prisoners (those who have been; conwcted by the Criminal Court established in Punjab) to be considered in those cases, .
(b) “Secretary" means Additional Chief Secretary/ Prl Justice Department, Punjab; | "Government Employee' means such persqn as defmed in the section 21 of I.P.C.
1860 (Indian Penal Code) (Central Act No. 4 of 1860); |
(d) "Section" means section of this policy; ! [ :
"Elected represéntative’ means such person who has been elected legally in the Central Government or State Government;. 1
(1) "Adult" means the person who is aboye the age 1§ years; and "Medical Board" means that Medicalj Boaxd which:has been constituted by the concerned jail Superintendent through Civil Surgepn under the sub clause 1 of clause 5and 6 of the policy from time to time;
(h) "Departmental Head" means Director General /Addmonal Dlrector General, Jails.
ncipal Secretary Home Affairs and
(c) Petition for pre mature release:-
(i) For the premature release the prisoner will explai'n the detailed reasons and keeping in view the reasons his petition will be considered; the concerned jail Superintendent may send to Director General, Jails or Secretary.
(i) If the prisoner sends his apphcatlon regardmg premature release directly to the Secretary then he will send the salql petmon within 15 days to the departmental head to report after consideration. The depart ental head will send this petition within 15 days to the concerned Jail Superj ntendent for report The concerned Jail Superintendent regarding this petition will send his comments ‘wn;hm 30 days to the departmental head for further action. The said petition will be sent to Secretary by the departmental head after consideration at his gwn level so that decision can be o | i ~ *taken regarding pre mature release at competent level. i (ii1) The Government will consider only those petitions ‘lreceived from D.epar‘tmenta\ Head, where the Govt. feels satisfied that the crir;ninal will not do any crlme qfter pr_e mature release and will keep the promise:for m‘akintaining peace. He.vynll not-comm_nt the same crime again under any such circumstances as he had comr‘imtted earlier in the same circumstances. i | |
(iv) Regarding sending the case of earlier release of the prisoner, if the repor»ts _of previous five paroles are fine, then there is no need ta get the reports from District Magistrate, Senior Superintendent of police & concerned Sarpanch.;{Only t_:oncerned Superintendent Jail will certify that the I”;\t fivg;paroli‘ca reports of the prl.sqner are correct and during the parole/furlough period no adverse report was receiv d from the District Magistrate or Senior Superintepdent of Police about the prisoner.;
(v) In case there is any adverse report against the prisoner, the case of premature release will be considered only after receiving of% the report !of the District ! | Magistrate. .
(vi) Under this policy only the case:
this policy no prisoner has the funda in any case a prisoner fulfils all the c s of Premature release will be considered and under mental right of pre mature release. Although, If onditions for premature release, but so long as the competent authority is not satisfied about the record of the prisoner received from the lower authorities that the Prisoner is eligible for premature release and that with his release there will be no adverse effect on the public, until then, no prisoner can become the beneficiary of this policy Crime, term of Prison spent and term of prison to be spent (i). The prisoners, who have \bmitted their petition to take the benefit under this policy, their cases will be considered as per ibles given below:- i | Table 1 | | (For Petitions under the Article 161 of Indian Constitution) i | . 3 . I - [} 3 () T [ L T Ty e e e, ieenals, wl ave | Other life prisoners " e o | omrdered somenady & Commied necn e, bar | has been | commutied heinous crime & for in that wime he has not | 1l the convict has been given murdered anybody and for this | | e Wle impr Pe Ras been convicted for Lfe ] rmomanmgns Al ) - v | Femvawan T | Remion eatioamen .mwu;m"o“ Undergane. received/ Undergone received/ a7k e Imgrisoament | lmgasonment | tmprizonment | tmpnsonment with [ wen H undergone. undergone remision | temission |1 B with : - || remission i = S simittion , B 0 14 e-1/z 14 | i i — T | 7 ‘ 1 ] 12 6 10 N - I | i LI 9 B 1 H i J | i i { i | | | e . | i I | | | ) In the above given table : } (F) The punishment gi i given in the column 'B' the Hein i i y ity : n inous crime means the crimes which " S . i g sections of Indian Penal Code 1860, such as : I e crfme committed under section 302 and 347: N a i) The crime committed under section 302 and 37Gi Th iii} The crime committed under section 396; ol i vy 47 Crime committed under section 302 and also the crime committed und Extremist and disruptive Activities (Prevention Act 1987);
v) Crimes committed under section 302 or scheduled castes and Scheduled Tribes Prevention of Atrocities) Act, 1989 (central Act No 33 gf 1989) or the unla-ufyl activities (Prevention) Act 1967 (Central Act No.37 of 1989) upon the scheduled castes and scheduled Tribes; ¢ i i) The crimes committed under section 302 (the casg in which murde? ha_s‘ been committed due to conflict of dowry and it may be'é mentioned i‘!-l the decision of court);
! . s vii) The crime committed under section 302 (in which the victim may bg child wlfuch is below the age of 14 years); and :
viii) Any crime related with the above mentione er the i i ;
d crimes in!which section 120-3 is also imposed.
| . N (G) In the above mentioned column ‘D' the meaning of tbe punishment of heinous crimes is - } i i) The crimes committed under section 304 (B); | i | ii) The crimes committed under section 304 & 347; | iii) The crimes committed under section 304 & 376; i The crimes committed under section 304, terrorists &; Disruptive Activities (Prevention) Act 1987, or Illegal Activities (Prevention) Act, 1967;
v) The crimes committed under section 304 where the victim is a child & belew the age of 14 years;
vi) In addition to the above mentioned crimes any other crime in which se:tion 120-8 is also imposed.
; | Table 2 ! | ) (The Petitions under Scctions 432,433 of Cr. P'.C.1973 ) !
[ u T 3 M Category | The comindls those who have | The ciminal Who have The biminali, who have || Other e prisoners been comcted for death but | murgered somebody & commilted heinous cnme, but death sentence has been | committed heinous crime & for | not been congidered a3 hemous | in that crime he has not commuted to life imprisonment | this the conviet has been given | crime and for this he has been murdered anybody and for this it the life imprisonment convicted for Kfeimprisonment | he has been convicted for hfe | P _ imprsanment H Actul Remsicn Acwal Remission “Acwal Remission. Acwal Remission “Acwal Remission.
‘ Undergore (eceived/ Undergone recened/ Undergone recerved/ Undergane received/ | Undergone received| | {mprisonment | Imprisonment | imprisonment | imprisonment | imprisonment | Imprisonment | imprisaoment | Imprisonment || Imprisonmant | Imprisonment undergone. undergone undergone | i undergone || undergone | | with with witn { | with | with remission | i remission . remission remission | remission !
i Raan i 0 ™ 2 = 2 ) 1 Y m , Women/ ) i) W 0 1 £ ) = G i minor. i !
| Note : - For the purpose of this table crimes mentioned in c;olumn '@’ & '3’ of tris table will be the same as mentioned in sub para (2) of table 1. | l
5. The cases regarding release of mentally incapacifated brisoners (i) The life prisoners who are mentally unfit and those who have completed 10 years of actual imprisonment or with remission and they are not able to apply for prem‘ ture release, their physical & mental examination will be conducted by the medical | board. After recéivin'l the report of medical board the concerned! Superintendent, Jail will preparz the complete proposal for premature release of the‘prison“er & will send the same t the departmental head. The concerned Superintendent ‘ g within two months after the completion of ten years imp Jail will send such proposal il§onment and the head office, 1
(iii) after receiving such proposal & considering it, will send the same to the Government along with its recommendations.
re is not any family member of such dy to apply for such person's n his report.
If according to the report of Jail Superintendent the prisoner orif it is untraceable or \hcre is nobo premature release then he will surely menlion thls facti proposal to the headrofflce, will 4ve done every possible effort for m Superintendent Jail the The concerned Jail Superintendent before ‘sendl B the also ensure that the family members of such pnsuper h his premature release. After recejving such }type of prop sal fro!
departmental head will send the case within one month to the Secretary along with his recommendations.
oners suffering from de'udlv/TermmalIy lllness | adly xdlsease/ Terl—nlnally iliness which cannot be didisease of heart, failure of both the kidneys, ), in such cases before the The pris:
(i) The prisoners suffering from de cured (i.e. suffering from cancer, advance full blown AIDS etc. and are at the last stage ofllife consideration the toncerned Jail Superintendent will get the report of convicted prisoner from the medical board & will prepare the report regardmg the medical condition of the er. It will be compulsory for the board to report: ‘regarding thl; within 15 days. If er |s actually suffermg from deadly ill be send immediately for prison the State Level Board recommends that the prison disease/ Terminally illness then the case of that prlsoner wi premature release to be considered under 'Article’161 of Indian Constitution.
(i) If the members of state level medical board mer’moned in Para 5 (i) or Para 6 (i) have difference of opinion in the views expressed or any clarlflcatlon is required then Director, Health & Family Welfare Department will refer such case to Director, Post Graduate Institute of Medical Education and Research, 1Chand|garh (PGI) who will give report of PGl within 30 days and the report |ece|ved from Director PGl will be considered as final. On the basis of this final medical report concerned Superintendent Jail will prepare a complete proposal and WI|| report it W|th his recommendation to the departmental head. After considering the received reports, the departmental head will send the case with his comments within fifteen days to fihe Secretary for further action.
(iii) The Secretary, after considering the case, will send!the case within 15 days for the decision to receive orders at the competent level.
Heinous type of cases for premature release : In the follogwing heinous cases, premature release will not be considered under any condition beforle undergoing the imprisonment of 18 or 20 years :-
(i) The crime is related regarding any elected representative murdered during his tenure; and :
(i) The crime is rel i icial hi i is related with the murder of any official while he is discharging his duties.
10.
‘3 | rhe cases in which premature release is not_allowed :-In the following cases there will be no remission, special exemption or remittal land the prisoner will not be relcased prematurely:
{i) the prisoners who have been canvicted undar sections 376, 376 A, 376 B, 376 C, 376 D & 377 of IPC 1860 for molestation of girls/women;
(ii) the prisoners who have commufiotl multiple murders;
(iii) the prisoners convictéd under NFPS Act 19854 i {iv) the prisoners under P|olc_ct|on|‘or children [from Sexual OffenceT' Act, 2012 those who have comniitted crime with ¢ any child;
(v) the prisoners those who cannofl\bc rfil(_ased hefore timc l<eeping in vieyv the security of common people; and|i i
(vi) the prisoners covered under Jectron 43 of rhe Code of fnmmal Procedure,
1973.
Action on the petition of prisoner:- On rqceiving petit"ion from any“prisonE( regarding | T R, | .
premature release the concerned SuperintendentYail within fifteen days will prepare the | complete report regarding his conduct during the prevjous 5 years in the jafl and send the complete report in the prescribed performa aIc;:ng with his ‘comments to the departmental head for further action. In this report he w‘lill mention hi’g comments clearly under his signatures and complete record regarding rem[‘ittal and parole will be sent with the report. :‘ l \ Action on receiving the application of pr?soners through District Maglstrate (i) The proposal sent by the concerned Supermtendent Jail for verification will be sent by the concerned District Magistrate within seven days to the concerne Commxssmner of Police or SSP (whosoever is there) to send: the report o‘f the prlsoner s conduct. Wlthm fifteen days they will sent the report back to the L)lstr\ct Magistrate. On receiving this report the District Magistrate, with in se!yen q;ys/ \l\fl” send the pollce verification report of prisoner and the situation in 1Which’crime‘: was committed and oath of affirmation taken by the prisoner to the colncerngd Superintendent Jail who will ensure to send all these documents to the departmental héad for further action. All‘the concerned authorities i.e. District Magistrate, Police Commissioner or%SSP, whosoever it may be, will ensure to send their reports within stipulated time.
| District Magistrate while giving his comments will keep in view parole leave of prisoner n ‘ | during the last five vyears, regarding | his 'conduTt the report of Municipwl Corporation,Municipal Council, Municipal Commxttee concerned Municipal Counctl of | Nagar Panchayat or Represent-mve of the concerned Panchayat of thap residential area g | oy | will be kept in mind for the premature release of the!prisoner.
11, Regarding the case of prisoners of other states:- Whenever the prisoner submitting his | i 1 petition for premature release is concerned with the o“ther state in such cases the case will be . | sent to the concerned District Magistrate of theprisoner's state so that unnecessary delay may i be avoided in the disposal of the pet|txon of such prisoners. To receive thIS report as early as I possible the departmental head and concerned [Sup(_qmtendent Jail will personally take up the | issue with the concerned Magistrate so that venflcatlon report may be received as early as ! i i possible. | | 1 it } it
12. On rejection of Prisonprs application :- In case of rejectlon of pnsoners application regarding premature release the application of premature release will not be entertained again at least for one year. This condition will not be applicable in those cases, where any court, Hon'ble Chief Minister or Hon'ble Governor has ordered preméture release under Article 161 of Indian Constitution or sections 432 and 433 of Criminal Procedure Code 1973.
13. Basis of Policy:- This policy will be deemed consudered as per underlpara 428 to 455 of ‘ | Chapter-14 of Punjab Jail Manual. :
14. Benefits under court cases :- As per the decision given by the Hon'ble Supreme Court in the case of State of Haryana Vs Jagdish Sharma (Crinwinal appe‘al no. 566 of|2010) the cases of prisoners regarding pre mature release will be con5|dered urder that policy which is more beneficial for the prisoner. Under this policy whxle con§|der|n? the cases of life prisoners the liberal policy will be adopted. The cases in which the decision of the court is the favour of il i | | prisoner, that prisoner witl be given the benefit, !
Nlrmalm Singh Kalsi 1AS Dated:13-12-2017 Additional Chief Secretary, Government of Punjab Chandigarh Department of Home Affairs & Justice.
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