The government traditionally considers releasing prisoners on three occasions: 26 January (Republic Day), 15 August (Independence Day), and 2 October (Gandhi Jayanthi).
Published Jan 26, 2024 | 10:52 PM ⚊ Updated Jan 26, 2024 | 11:11 PM
(Representational image/Creative Commons)
A total of 231 prisoners — 212 life-term convicts and 19 non-life-term convicts — have been selected for premature release in Telangana for displaying commendable conduct in prison.
The premature release of prisoners — a longstanding demand of public representatives, NGOs, and the prisoners and their families — has been a topic of significance.
The government traditionally considers releasing prisoners on three occasions: 26 January (Republic Day), 15 August (Independence Day), and 2 October (Gandhi Jayanthi).
It can happen through the grant of special remission under Article 161 of the Constitution, whose powers are vested in the Governor’s powers.
The pertinent extract from Article 161 empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of an offence within the scope of the state’s executive power.
Since the creation of Telangana, premature release occurred in 2016 and 2020. Recently, the government issued guidelines — as outlined in GO 2 (Home – Service 5) and dated 24 January — for the premature release of life and non-life convicted prisoners on Republic Day.
A senior official from the Prisons Department clarified to South First that the announcement of premature releases of prisoners occurred after a gap of three to four years.
“This policy — unique to the state — falls under the Governor’s pardoning powers. Notably, unlike other states, there is no specific numerical limit for the selection of prisoners. The criteria for selection are by government orders, whether issued by the Central or state government,” added the official.
Further elaborating, the official said non-life-term convicts involved in cases under Sections 324, 326, and 307 of the Indian Penal Code (IPC) follow Central government guidelines. Those who complete two-thirds of their sentence are considered for potential release.
In the case of life-term convicts under Section 302 of the IPC, consideration for release is possible after completing 14 years of imprisonment.
For crimes such as double murder or offences against children under Section 302, the punishment duration extends to 18 years.
The names of the selected prisoners are submitted to the government and subsequently placed before the Cabinet. After receiving cabinet approval, the list is forwarded to the Governor for final approval.
Exemptions apply, and prisoners under the Unlawful Activities (Prevention) Act and Terrorist and Disruptive Activities (Prevention) Act are excluded from the release process.
Former Director-General of Prisons VK Singh shared insights with South First, revealing that the earlier government faced delays in the process due to a lack of alignment with the Governor, strained relations, and a general lack of attention to the prisons department.
“The earlier government was not on the same page as the Governor and, with no cordial relations, the process got delayed. The second reason was that the government was not coordinating with the Prison Department. Thirdly, they never gave priority to the prisons of Telangana,” noted Singh.
“For years, former chief minister K Chandrashekar Rao did not agree to conduct a meeting with the prison development board,” he added.
Dr Beena Chintalapuri, the head of the cognitive behavioural change programme Unnati, expressed satisfaction with the announcement.
“I am pleased about it, but it should not be on paper and prisoners should actually be released,” she said.
“I appreciate the present government because it takes a lot of time and effort for the DG of the Prison Department to understand the behaviours, submit the list of prisoners, and later know that they will not be released. So, the process should be completed within no time,” she added.
