Karnataka High Court Directs Sensitisation Of Convicts On Penal Consequences Of Overstaying Parole Leave

The Karnataka High Court has directed prison administration to educate and sensitize convicts regarding the legal obligations attached to parole and the severe penal consequences that follow in case of non-compliance.For context Section 58 of the Karnataka Prisons (Amendment) Act, 2022, contemplates imprisonment which may extend up to five years, and fine, for any convict who, having been released on parole, fails to surrender within the time stipulated in the order granting such release. A single judge, Justice Sachin Shankar Magadum said “The underlying legislative intent is to ensure that the limited liberty granted to convicts under parole is not abused, and that the sanctity of judicial orders and prison discipline is maintained. It has come to the notice of this Court in several cases that convicts released on parole often remain unaware of the stringent consequences of failing to surrender within the prescribed time, and such ignorance frequently results in further criminal prosecution under Section 58 of the Act.” It added “This situation warrants a proactive approach on the part of the prison administration to educate and sensitize convicts regarding the legal obligations attached to parole and the severe penal consequences that follow in case of non-compliance.” Accordingly it issued the following guidelines, to be observed by all Superintendents of Central and District Prisons across the State while granting and effectuating parole release orders:-----Mandatory Briefing: At the time of release on parole, the Jail Superintendent or the designated parole officer shall mandatorily brief every convict, in a language understood by the convict, regarding the conditions of release and the specific consequence of failure to surrender within the stipulated period, including the punishment prescribed under Section 58 of the Act, 2022. Written Undertaking: A written undertaking shall be obtained from the convict acknowledging that he or she has understood the conditions of parole and the legal consequences of any breach thereof. A copy of the parole order along with the extract of Section 58 of the Act shall be provided to the convict and countersigned by the releasing officer. Awareness Pamphlet: The Department of Prisons, in coordination with the Karnataka State Legal Services Authority (KSLSA), shall prepare an informative pamphlet or booklet in Kannada and English, summarizing the rights, duties, and liabilities of parolees, including the penal provisions governing violation of parole. The same shall be distributed to all prisons and made available to inmates and their family members. It is also necessary to emphasize that a conviction recorded under Section 58 of the Act, 2022 carries distinct and independent penal consequences. While releasing any convict on parole, the jail authorities must specifically apprise the convict that in the event of failure to surrender within the prescribed time or in case of violation of any condition of parole, not only will prosecution be initiated under Section 58 of the Act, 2022, but any sentence awarded upon conviction thereunder will have to be served after completion of the original sentence, and not simultaneously with it. Such communication should form part of the written acknowledgment obtained from the convict at the time of release. Record Maintenance: The Prison authorities shall maintain a Parole Compliance Register recording the details of every parole release, date of expiry, due date of surrender, and whether surrender was duly made or delayed, along with reasons. The register shall be periodically reviewed by the Deputy Inspector General of Prisons concerned. Coordination with Police: In cases where the convict fails to surrender within the stipulated time, the Prison Superintendent shall promptly inform the jurisdictional police station within 48 hours for necessary action in accordance with Section 58 of the Act, 2022.Legal Counselling: The District Legal Services Authority (DLSA) shall ensure that every convict applying for parole is made aware of the conditions and potential consequences through legal literacy sessions conducted within the prison premises at regular intervals.The guidelines were issued while dismissing a petition filed by one Shakuntala Desai assailing the judgment of conviction and order on sentence imposed on her by the trial court for the overstaying outside the prison when released on parole leave. The bench on going through the records said “In the absence of any rebuttal or mitigating evidence, the prosecution version that the petitioner had deliberately failed to surrender upon expiry of the parole period stands firmly established. Once the petitioner had availed parole and subsequently secured an extension of 60 days, she was bound by the conditions imposed in the parole order. The failure to voluntarily surrender within the stipulated time, despite availing such benefit, demonstrates clear non-compliance and attracts...

Karnataka High Court Directs Sensitisation Of Convicts On Penal Consequences Of Overstaying Parole Leave

Mustafa Plumber

Tags