PREMATURE RELEASE

Premature Releas

The primary objective underlying premature release is reformation of offenders and their rehabilitation and integration into the society, while at the same time ensuring the protection of society from criminal activities. These two aspects are closely interlinked. Incidental to the same is the conduct, behavior and performance of prisoners while in prison. These have a bearing on their rehabilitative potential and the possibility of their being released by virtue of remission earned by them, or by an order granting them premature release. The most important consideration for pre-mature release of prisoners is that they have become harmless and useful member of a civilized society.

Composition of the State Level Committee (SLC)

The following committee shall be constituted for consideration regarding premature release/ sentence pardon of life imprisonment convicted prisoners or reduction of any other kind This shall be a permanent body having the following members:

Principal Secretary/ Secretary, Home (Jail) Government of Uttarakhand- Chairman;
Principal Secretary/ Secretary, Law and Legal Remembrance or any officer nominated by him not below the rank of Additional Secretary- Member;
Any other Secretary nominated by Principal Secretary/Secretary Home Department- Member;
Additional Secretary, Home (Jail) Government of Uttarakhand- Member;
Inspector General Jail, Uttarakhand- Member-Secretary.

Consideration of eligibility for sentence pardon/ premature release

In this guidelines for sentence pardon/ premature release other than the prohibited category such convicted prisoners shall be eligible by whom:

All female/ male prisoners sentenced with life imprisonment has served the sentence of 14 years without remission and 16 years with remission including Under trial
Such prisoners punished with life imprisonment who are suffering from any of the following disease and in respect of which a certificate of suffering for said disease is given by medical board-
Advanced bilateral pulmonary tuberculosis
Incurable malignancy.
Incurable Blood diseases.
Congestive heart failure.
Chronic epilepsy with mental degeneration.
Advanced leprosy with deformities and trophic ulcer.
Total blindness of both eyes.
Incurable paraplegias and hemiplegics
Advanced Parkinsonism.
Brain Tumor.
Incurable Aneurysms
Irreversible Kidney failure.
Any other criteria mortal illness of like nature.
All convicted prisoner to life imprisonment whose have completed the age of 70 years or above of age, and have completed the sentence of 10 years without remission and 12 years with remission including the Under trial
All convicted prisoners punished with life imprisonment whose offence are not covered by any other sub para except offence mentioned in prohibited category sub para(vii) and (xi) of prohibited category and who has spent the sentence of 20 years without remission and 25 years with remission.
All convicted prisoners punished with life imprisonment whose offence are covered in prohibited category other than sub para(vii) and (xi) and who has spent the sentence of 20 years without remission and 25 years with remission will be considered for pre mature release by the above mentioned State level committee in the chairmanship of Chief Secretary, Government of Uttarakhand.

Prohibited Category

All such convicted prisoner punished with life imprisonment in whose decision Hon’ble Court has fixed a specific time and order for their decision.
All such convicted prisoners punished by life imprisonment whose plaint investigation is done by Delhi Special Police Establish or the National Bureau of Investigation constituted under Delhi special Police Establishment Act, 1946 (Act No 25 of 1946) or by any other agency competent for investigating offence under any central Act, other than the Code.
Such convicted prisoner who are convicted of such offence under section 435 of the Code, related to such subject to which executive power of Union Government extends and to whom separate sentence of imprisonment is served collectively. Any order to suspend remit or commute the sentence given by State Government shall be applicable regarding him when order to suspend, remit or commute the sentence regarding the offence committed is given by central Government.
All such convicted prisoner punished with life imprisonment who have convicted offence related to culpable homicide (three or more than three murder).
All such convicted prisoner punished with life imprisonment who are punished by Jail Administration with any major punishment within last five years and with minor punishment other than warning during last two years during detention term.
Such convicted prisoner punished with life imprisonment who are convicted for any offence during sentence suspension/ parole / furlough.
All such convicted prisoner punished with life imprisonment who have escaped from Jail during detention or escaped from police custody term.
Such convicted prisoner who has been punished with life imprisonment sentence in case of more than one offence.
Such convicted prisoner who are not Indian citizen.
All such convicted prisoner punished with life imprisonment who are convicted under following Acts-

– Unlawful activities (prevention) Act, 1967,

– Narcotic Drugs and Psychotropic substances Act, 1985

– The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Act No. 42 of 1988).

– The Customs Act, 1962 (Act no. 52 of 1962).

– The Official Secrecy Act, 1923.

– The Foreigners Act, 1946.

– The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

– The Protection of Children from Sexual Offences Act, 2012.

All such convicted prisoners who are punished with sentence of life imprisonment for offences under section 363 A (Kidnapping or maiming a minor for purposes of begging), 370 (Trafficking of person), 376A (Punishment for causing death of resulting in persistent vegetative state of victim), 376D (Gang rape), 376E (Punishment of repeat offences), 489B(Using as genuine, forged or counterfeit- currency notes or bank notes) and 489D Making or possessing instruments or materials for forgoing or counterfeiting.
Professional killers who are found guilty on contract killing.
All such convicted prisoner punished with life imprisonment who are found guilty of waging war or attempt to wage war or abetting against the Government under section 121 to 130 of Indian Penal Code.
All such convicted prisoner punished with life imprisonment who are guilty of murder of Government servant during the performing his duty.

Procedure

All senior superintendent/ superintendent / Superintendent In-charge Jail shall examine the eligibility to directions of all such convicted prisoners sentenced with life imprisonment in detained in prison in accordance with the policy/directions mentioned in the para herein above and shall ensure that no eligible person is left out and shall provide proposal related to all eligible prisoners of their pre mature release to Inspector General as well as concerned District Magistrate for their recommendation by the end of first month of every quarter in every year.
Concerned District Magistrate will provide their recommendations to Inspector General of Prisons till the end of second month of every quarter in every year.
Age and sentence of the prisoner shall be calculated as on the last day of every quarter of the
Inspector General Jail while examining the received proposal regarding release of prisoner in light of said policy shall forward with the recommendation/ report of the District Magistrate/ Senior Superintendent of Police/ Superintendent of Police by the end of the last month of every quarters of the year to the Government and Government shall conduct the quarterly meeting of committee within twenty days generally from day of receiving of proposal;

Provided that, in case of prisoners related in para 522 (ii)(iii), the Committee may consider for pre mature release without the report of District Magistrate/ Senior Superintendent of Police;

After receiving proposal regarding prisoners release at Government level committee shall consider the matter of sentence Pardon/ premature release of prisoner;
After considering the matter of sentence pardon/ premature release committee shall forward its recommendation to State Government and the Government shall forward the recommendation to the Governor through the Chief Minister;
Final decision regarding sentence pardon/ premature release of convicted prisoner shall be taken by Governor;

Releasing of prisoner on sentence pardon from Jail

After approval/order of the Governor, convicted prisoners punished with life imprisonment shall be released from Jail on condition that he shall produce a one personal bond of amount not more than 50,000.00 (Rs. Fifty thousand only) before Senior Superintendent/ Superintendent of jail concern before his release, for maintaining law full conduct.

Re-detention of prisoner released wrongfully

Under this guidelines if by mistake such prisoner is released under above said orders whose offence in view of State Government is in such category for which he should serve the sentence given by court completely then Government may while canceling the exemption given in sentence of such prisoner detain him again in Jail to serve the remaining sentence.