COVID-19: DGP Prisons Authorized To Grant Special Parole

Says Process Started, Figures To Start Emerging In Next Few Days
Srinagar, April 03 (GNS): A day the Jammu and Kashmir Government authorized him to grant special parole for at least eight weeks to a category of convicts with certain exceptions, the Director General of Police (Prisons) J&K, on Friday said that process has been started and may take few days.

“We are considering cases. It will take some time because reports from District Magistrates and SPs are coming. There needs to an application by the inmate also. We are on the job. May be by Monday, certain figures will start emerging,” the top prison officer told GNS.

The DGP has been authorized by the government to be ‘competent authority’ to grant the special parole excluding those involved in militancy-related cases, or sentenced under POCSO Act or for the offence against the woman.

“In exercise of the powers conferred under sub-section (5) of section 432 of the Code of Criminal Procedure, 1973, the Government hereby authorizes the Director General of Police (Prisons), J&K, to grant special parole for eight weeks, extendable for another eight weeks if the lockdown by the Government continues, subject to good conduct, in respect of the following categories of convicts,” reads an order issued by the J&K’s Home department.

The DGP has been authorized to grant parole to all those who have been convicted in one case only 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 Act or convicted under POCSO Act or for an offence against women or convicted for the offence of acid attack or foreign nationals.

The officer has been also authorized to grant parole to 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 is pending before the High Court.

Also, he has been authorized to grant parole to all those who have completed their sentence but are still in prison due to non-payment of fine.

“Matters pertaining to prisoners with advanced age, suffering from any illness may be examined on case to case basis,” reads a government order issued here.

The benefit of parole earlier extended, if any, to any prisoner shall not be an impediment to the grant of special parole, it added.

The order was issued a day after a High Powered Committee, formed on the directions of Supreme Court of India directions, met to take a call on release of prisoners to de-congest the jails following the spread of Coronavirus Pandemic.

The Committee comprised 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 nature of offense, the number of years and severity of the offence, the Committee had proposed to release convicted prisoners and under trials.

While the DGP has been authorized to grant parole to convicted persons, in case of under-trial prisoners, the committee had proposed that the category of such prisoners maybe 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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