The High Powered Committee constituted in J&K on the directions of the Supreme Court on release of prisoners to de-congest the jails in view of Coronavirus pandemic issued several guidelines today.
The Committee comprises Executive Chairman J&K SLSA,Justice Rajesh Bindal, as its Chairman with Principal Secretary Home ShaleenKabra and Director General of Police (Prisons) V K Singh as its members.
On the basis of the nature of offence, the number of yearsand severity of offence, the Committee has proposed to release convictedprisoners and under trials.
With regard to release of Convicted Prisoners, categories ofconvict shall be considered for release on special parole for eight weeks,extendable for another eight weeks if the lockdown by the government continues,subject to good conduct:
All those who have been convicted in one case only and havespent more than ten years (eight years in case of women) in jail, except thoseinvolved in militancy related cases, convicted for intermediate or largequantity recovery under NDPS Act or convicted under POCSO Act or convicted foroffence for an offence against woman, or convicted for offence of acid attackor foreign nationals.
All those who have been sentenced to imprisonment for threeyears with or without fine and the conviction has been upheld by the AppellateCourt but revision against the judgment by Appellate Court is pending beforethe High Court.
All those who have completed their sentence but are still inprison due to non-payment of fine.
Matters pertaining to prisoners with advanced age, sufferingfrom any illness may be examined on case to case basis.
Similarly, in case of Under-Trial Prisoners, it is proposedthat category of under-trial prisoners may be considered for 60 days interimbail, extendable for another period in case the circumstances so demand, onfurnishing surety and personal bond. All under-trial prisoners with only onecase pending against them, in which maximum prescribed sentence is 7 years orless with or without fine. Matters pertaining to prisoners with advanced age,suffering from any illness may be examined on case to case basis: Under TrailPersons (UTPs) falling under Section 436 A CrPC.; UTPs accused of compoundableoffences; UTPs who were detained under sections 107, 108, 109 and 151 of CrPC.However, these detainees shall appear before the Magistrate concerned forappropriate orders when the lockdown is over; UTPs detained for non-payment ofmaintenance ordered under Section 488/125 CrPC. However, these detainees shallappear before the Court concerned for appropriate orders on the date so fixed.;UTPs detained under the Code of Civil Procedure for not obeying thedecree/order of the court. However, these detainees shall appear before theCourt concerned for appropriate orders on the date so fixed.
The procedure laid by the Committee for grant of InterimBail shall be dealt with either by the visiting judges in the jails(DSJ/ADJ/CJM/JMIC) on the bail applications in the jail itself; oralternatively by devising a mechanism of routing the bail applications throughDLSA to the courts convened especially for this purpose.
“Use of technology may be preferred instead of manualintervention. Since the compliance of directions issued requires relaxation ofJ&K Suspension of Sentence Rules, 2020, as such, government is requested totreat the matter with utmost urgency, so that the directions issued by theSupreme Court as well as by the High Power Committee are implemented at theearliest,” it said.
“All the Principal District and Sessions Judges, who areChairman of district UTRCs of theirrespective districts are requested to comply with the directions of HPC withregard to under-trial prisoners and submit the report within one week forplacing the same before the HPC on 10.04.2020.”