TN govt frames 7 step SOP to free reformed prisoners

CHENNAI: The Tamil Nadu government has formulated a standard operating procedure (SOP) to streamline the process followed by authorities when processing the cases of premature release for reformed convicts.

The government issued orders with a list of criteria to identify eligible convicted prisoners for the amnesty scheme, which was often utilised to mark the centenary celebrations of leaders such as former Chief Ministers C N Annadurai and M G Ramachandran. It often attracted criticism and given political colour as the criteria for the premature releases were tweaked to free some of convicts involved in political murders and crimes.

Sources in the department said that the SOP has set a timeline for carrying out the procedure and also mandates the meeting of the state-level committee (SLC) every three months to review cases eligible for premature release. It has also outlined the responsibilities of the prison, police, and district administration, and appointed a nodal officer to obtain reports from Collectors. "It will be beneficial, and the procedure will remain effective, if this SOP is adopted into the TN Prison Rules, " said an official from the prison department, recalling the role of the judiciary.

According to the new SOP, the Superintendent of Central Prison and Special Prison for Women will shortlist eligible life convicts and other long-term convicts, as per Rule 348 of the Tamil Nadu Prison Rules 2024. This process should be carried out by the 5th of each calendar month. A detailed report from the Jurisdiction Probation Officer must follow, to be submitted on or before the 15th of each calendar month, according to Additional Chief Secretary of Home, Dheeraj Kumar.

The prison authority should also seek a report from the medical officer and psychologist of the eligible prisoner, using a prescribed form. This report should reach the Superintendent of the respective central prison by the 10th of each month.

Additionally, the district collector's report requisition should be carried out between the 10th and 25th of each calendar month. The Collector's report should provide a detailed illustration of the family situation of both the victim and the prisoner regarding premature release, and also refer to the report from the station house officer (Inspector) of the respective police station on his/her view regarding the premature release.

Nodal officers nominated by the Director General of Prisons and Correctional Services should coordinate with the office of the Collectors to ensure that the report reaches by the 25th of each calendar month. This will be part of a routine process, followed by stage 3 of the exercise—the submission of comprehensive proposals along with all necessary documents and reports from line departments. These will be forwarded to the DGP and should be scrutinised by the 15th of the next calendar month. The State-level Committee (SLC) will hold meetings every three months (January, April, July, and October) to discuss and deliberate on each case on the proposal list.

Furthermore, the procedure involves obtaining the opinion of the Presiding Judge under Section 473 (2) of the BNSS, to seek approval for the suspension or remission of a sentence. This report should be submitted to the SLC, and the final report of the committee should be forwarded to the government for its decision, as it will make the final call on the premature release of the convict. If the prison declares the person fit for premature release, this will be communicated within two days, and the individual should be released after the execution of the required bonds.