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Inmates Granted Parole Pursuant To Supreme Court's Order To Be Again Granted Parole: Directs Uttarakhand & Haryana High Powered Committee

Sparsh Upadhyay
14 May 2021 6:41 AM GMT
Inmates Granted Parole Pursuant To Supreme Courts Order To Be Again Granted Parole: Directs Uttarakhand & Haryana High Powered Committee
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In accordance with the Supreme Court of India's Order dated May 7, 2021, the High-Powered Committee (for the state of Uttarakhand & Uttarakhand) on Tuesday (May 11) granted 90 days of parole to the inmates who were granted parole earlier.It is important to note that the Supreme Court last week directed the High­ Powered Committee of the States to forthwith release all the inmates who...

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In accordance with the Supreme Court of India's Order dated May 7, 2021, the High-Powered Committee (for the state of Uttarakhand & Uttarakhand) on Tuesday (May 11) granted 90 days of parole to the inmates who were granted parole earlier.

It is important to note that the Supreme Court last week directed the High­ Powered Committee of the States to forthwith release all the inmates who had been released earlier pursuant to the Supreme Court's order dated 23rd March 2020, by imposing appropriate conditions (in addition to considering fresh release).

Uttarakhand HPC

In compliance of the order dated 23rd March 2020 passed by the Supreme Court, the Chief Justice, High Court of Uttarakhand/Patron-in-Chief, Uttarakhand State Legal Services Authority had constituted a High Powered Committee comprising of the following, namely:-

  • Hon'ble Executive Chairman of State Legal Services Authority as Chairman;
  • The Principal Secretary (Home/Prison) as Member; and
  • Director-General of Prison as Member.

This High-Powered Committee was in existence at present for determining the class of prisoners who can be released on parole or on interim bail for such period as may be thought appropriate.

Further, pursuant to the Supreme Court of India's May 7, 2021 order, in which certain directions for the High-Powered Committee were issued, the Committee issued the following recommendations/directions:

  • Secretary, Department of Home, Government of Uttarakhand, Inspector General (Prisons), Government of Uttarakhand, Dehradun, all the Chairpersons, DLSAs/District Judges, District Courts of Uttarakhand are hereby directed that, those inmates who were granted parole, pursuant to the earlier orders of Hon'ble Supreme Court of India, should be again granted parole for a period of 90 days in order to tide over the pandemic; by adopting the guidelines (such as inter alia, SOP laid down by NALSA) followed by them last year, at the earliest.
  • The District Magistrates and Senior Superintendents of Police/Superintendents of Police are requested to make necessary arrangements for the transmission of such prisoners on their release from jails to their respective places by following the policies and guidelines of the Government regarding curfews and lockdown in some Cities and States.
  • The Chief Medical Officer of the concerned District shall be asked to conduct proper health check-ups of such prisoners/under-trials before their release on parole or interim bail.
  • The Chief Medical Officer of the concerned District is also requested to make necessary arrangements regarding the medical examination (COVID-19 Examination) of such prisoners/under-trials before they are transmitted from the jail to their respective places.
  • All the District Legal Services Authorities are directed to send a consolidated progress report to this Authority regarding the prisoners/under-trials, who are again granted parole for a period of 90 days.
  • Moreover, all the decisions of the High-Powered Committee may need to be published on respective State Legal Services Authorities/State Governments/High Courts websites in order to enable effective dissemination of information.

Haryana HPC

A high-powered committee (HPC) has allowed special parole to the convicts sentenced to imprisonment for more than seven years and who were released earlier due to the Covid pandemic.

It may be noted that the committee (HPC) under the chairmanship of Justice Rajan Gupta, Judge, Punjab and Haryana High Court, and Executive Chairman, Haryana State Legal Services Authority, has allowed the release of convicts.

Since the first meeting of the HPC held on March 24, 2020, 2,580 convicts (sentenced for more than seven years imprisonment) were released on special parole. Similarly, 656 convicts have been granted special parole who have been sentenced to undergo imprisonment for 07 years or less than 07 years.

Further, 1,438 undertrials have been granted interim bail under the orders of the High Powered Committee who were concerned with offences where imprisonment of 07 years or less is prescribed. In all, 3,236 convicts and 1,438 undertrials were released. 

Subsequently, with a decrease In COVID cases, High Powered Committee had directed the return of convicts released on parole in cases where they were undergoing imprisonment for more than 07 years in 09 phases. 

To date 2,170 convicts have surrendered, 23 convicts expired during the parole period, 42 convicts had of their own surrendered or arrested in some cases or released, parole of 18 convicts was extended by High Court and 42 convicts have absconded.

Further, keeping in view the directions issued by the Supreme Court of India and considering the emergent situation in & around due to sudden spike in COVID, the HPC directed,

"Al the convicts sentenced to imprisonment for more than 07 years who were released earlier on special parole under the categories prescribed by this Committee be released by competent authorities again on special parole till 31.08.2021 on the same set of sureties, if the sureties so consent for the same and without holding a fresh inquiry."

Special parole granted to convicts who were to surrender in the ninth phase starting from May 14 has also been extended till August 3. However, convicts who have failed to surrender on the date fixed or are absconding or against whom new case/cases were registered while on special parole are not entitled to special parole.

The Committee has decided to extend the parole / interim bail of 2017 convicts/undertrials who are sentenced up to 07 years / facing trial for offences which stipulate maximum imprisonment up to 07 years, till 31.08.2021.

Click Here To Download Uttarakhand HPC Order

Click Here To Download Haryana HPC Order

Read Orders

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