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Probation, permission not absolute right; should not be given to terrorists, hardened criminals: MHA to States | India News


NEW DELHI: The Home Office (MHA) said on Friday that the release of prisoners on parole and without permission is not an absolute right and should be based on well-defined eligibility standards, and ordered that those involved in terrorism and not be it must allow other heinous crimes to escape from the jails.
In a communication to all states and territories of the Union, the Interior Ministry also said that parole and leave cannot be granted as a matter of course and can be decided by a committee of officers and behavioral experts taking into account account for all relevant factors, especially for inmates. convicted of sexual crimes, serious crimes such as murder, kidnapping of minors and violence.
The communication came after reports from different parts of the country that many of those released from prisons due to the coronavirus pandemic were committing crimes.
Video of a recent incident in Punjab in which a girl bravely fought two armed robbers, who were also recently released from prison, was widely circulated on social media.
Referring to the 2016 Model Prison Manual, the Ministry of the Interior said that prisoners whose immediate presence in society may be considered dangerous or detrimental to public peace and order by the District Magistrate and the Police Superintendent should not be considered for your release.
Inmates who are deemed dangerous or who have been involved in serious prison violence such as assault, riot, riots or escapes, or who are found to be instigating a serious violation of prison discipline according to their annual good conduct report should not be eligible for launch.
Inmates convicted of heinous crimes such as delinquency, terrorist offenses, kidnapping for ransom, smuggling of commercial quantities of narcotic drugs and psychotropic substances, and inmates who, in the opinion of the district magistrate and the district police superintendent, They cannot report to the prison after the end of the leave period and must not be released.
The Interior Ministry said that concerns have been raised regarding recidivism, as in some cases inmates who are on provisional release or on parole or early release before completing their sentence have relapsed or engaged in activities. criminal.
This underscores the need to carefully regulate the granting of parole, license, referral and premature release to prisoners, he said.
Therefore, it is important that state authorities review their guidelines to ensure that the facility and concession granted to inmates, in the form of probation, leave and premature release, etc., is not abused with the intention of providing relief and rehabilitation. and misused by them and their advantage does not become a disadvantage and annoyance for society in general.
The Home Office suggested that the following provisions could be included in the guidelines:
i) The granting of conditional release and permission to offenders, whose release may have an adverse impact on the security of the State or of persons, may be strictly restricted.
ii) State parole rules, including criteria, duration, and frequency, may be reviewed after making an assessment based on your experience of the benefits and harms of parole.
iii) Parole and leave cannot be granted as a matter of course and can be decided by a committee of officers and behavior experts, who can meet as required, taking into account all relevant factors, especially for sentenced inmates for sexual crimes, serious. crimes such as murder, child abduction and violence.
iv) It may be helpful to invariably include a skilled criminal psychologist, an expert in correctional administration as a member of the Sentencing Review Board and on the committee that decides the granting of parole and leave to inmates and to obtain their opinion prior to such release temporary.
The Ministry of the Interior also drew the attention of the States and UT to some extracts from the United Nations Standard Minimum Rules for the Treatment of Prisoners, known as ‘The Nelson Mandela Rules’.
In view of the above, the Interior Ministry said, it is requested to review existing practices and procedures governing the granting of parole, leave and premature release to inmates, especially in light of the 2016 Model Prison Manual and the guidelines issued by the Ministry of the Interior. Matters, NHRC (National Human Rights Commission) and the Supreme Court, etc. occasionally.
“It is also requested that the aforementioned provisions be included in the protocols prepared for this purpose, as it is necessary to guarantee a careful and complete examination of each of these cases.”
“In addition, to ensure that inmates released on probation, leave and premature release, etc., do not violate the law, systems for monitoring and follow-up of each case must be established. A report of action taken can be submitted to the MHA , “said the communication.

Times of India