Premature release still a distant dream
The convict’s behavior inside the prison during his/her incarceration, a report from the police, probation officer and collector of the native district of the convict were factored in.
CHENNAI: The Supreme Court’s recent order to consider prisoners, who completed 14 years of imprisonment, for premature release has little effect on the Tamil Nadu government as several recommendations for the premature release received through the Advisory Board are gathering dust.
Highly placed sources in the government and the prison department said the Advisory Board has a set of rigorous processes in recommending a convict for premature release. The convict’s behavior inside the prison during his/her incarceration, a report from the police, probation officer and collector of the native district of the convict were factored in.
“If all factors align in favour of the convict’s premature release, the board will recommend the government to consider the same. This recommendation is like hurling a stone in the sea as there will be zero response,” said an official privy to the procedures. “Those who have financial support and family backing would manage to win their freedom. But all are not that resourceful,” he said. He noted three prisoners from Coimbatore and Salem Central Prisons approached the SC and secured their freedom in the last few months.
Citing the SC order in Sriharan Vs Union of India in 2016, advocate P Pugalenthi said the constitutional bench had clearly directed the government to consider the prisoners, who served their imprisonment for the crime they committed, for premature release. This includes cases booked under the Central Acts.
“It is not happening as the board is ignoring several inmates citing an order (GO 1762) passed 36 years ago. It has made the concept of reformation and the existence of the Advisory Board a meaningless exercise,” he said, adding that prisoners have rights and denying opportunity to those who served their sentence is against Article 21 (Right to Life) of the Indian Constitution.
After the SC direction, the prison department has changed its approach and reconstituted the Advisory Boards. “We have submitted cases of 30 prisoners- three women and 27 men - before the board, which in turn, reviewed 18 in two sittings,” said a member of the advisory board attached to Vellore Central Prison that was reconstituted after 2013.
Similarly, the boards attached to other prisons have also acted swiftly. Nonetheless, the prison department was facing difficulties in getting reports from collectors of the native district of the convicts. “Collector’s reports are crucial, but it’s getting delayed,” said the source.
“I was one of the convicts who approached the advisory board in 2019. But I was lucky to be released under the amnesty scheme, while many are waiting pinning their hopes on board recommendation,” said a prisoner released from Salem Central prison in December 2022 under an amnesty scheme to mark the 113th birth anniversary of former CM CN Annadurai.
