The petitioners herein were before the High Court of Judicature at Bombay claiming to be in Public Interest (PIL-CJ­LD­VC   No.44/2020)   seeking   that   the   decision   of   the High Powered Committee (hereinafter as ‘HPC’) dated 25.03.2020 to the extent of Clauses (iii), (iv) and (vii) of paragraph 8, decisions/minutes of   HPC   meeting   dated   11.05.2020 excluding certain   categories   of   offences   provided   in paragraph 5(i) and 5(ii) for the purpose of grant of interim bail and corrigendum dated 18.05.2020 of the Minutes of the   Meeting   of   HPC   dated   11.05.2020   to   the   extent   of clarification   that   the   class   and/or   category   of   offences determined by the HPC for temporary release be not read as a direction made by it for mandatory release of prisoners falling in that category or class and a further clarification that the case of every prisoner is considered on case to case the basis for deciding the temporary release of such prisoners.  The   petitioners   had   also   sought   for   a   direction   to   the respondents   to   release   the   prisoners   convicted   for   life imprisonment   without   insisting   that   they   have   been released in the past at least twice, either on furlough or parole.

Therefore, it would still, be open for the petitioners to obtain necessary statistics and if any modification of the guidelines is necessary for the future, they will be at liberty to submit   an   appropriate   representation of the   HPC   which would in that circumstance look into the same and arrive at conclusion at its discretion depending on the need or otherwise to modify its guidelines.  In that view, we are of the opinion that when such factual consideration to achieve the object alone is necessary and the HPC is constituted for the very purpose, interference in a judicial proceeding of the present nature to alter the criteria would not arise unless it is shown to be so arbitrary that no reasonable person can accept. But, in   circumstances   where   there   is   any individual discrimination amongst the prisoners in same category   and similarly   placed,   it   would   be   open   for the competent Court to examine the same to that limited extent when a grievance is raised by the person who is denied the benefit if he/she is entitled to such benefit.

Under Rule 59 of the Prison Rules 2007 as amended, the vast majority of prisoners serving sentences are entitled to remission at a rate of one quarter. In practice, this means that a person sentenced to 4 years’ imprisonment will be expected to serve 3 years in custody. However, part of this remission may be cancelled as disciplinary punishment. Whether or not you get remission depends on your good behaviour while you are in prison.

On application by a prisoner, the Minister for Justice and Equality can grant enhanced remission of up to one-third of the sentence. The prisoner must have shown further good conduct by engaging in authorised structured activities and the Minister must be satisfied that, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

Prisoners who cannot benefit from remission includes those serving life sentences.

Temporary release

There are 3 kinds of temporary release:

  1.        Temporary release on compassionate ground for a specified period- This is normally granted where urgent family or domestic circumstances arise.
  2.        Day-to-day temporary release- This is normally to go to a job outside the prison during the day and return to the prison at night. This is usually considered when a prisoner is coming close to the end of their sentence.
  3.        Full temporary release until the end of the sentence- This is normally granted if a prisoner has been progressing well on a day-to-day temporary release.

When the Minister is deciding whether to grant temporary release, a number of different factors are considered:

  1.      The nature and circumstances of the crime you committed
  2.      Your own attitude towards rehabilitation
  3.      Your educational, training and employment needs and opportunities
  4.      Your behaviour while in prison.
  5.      Your family background and the general background

If you are granted temporary release, it will be subject to certain conditions including:

  1.        The requirement to keep the peace and maintain good behaviour during the period of release
  2.        The requirement to maintain sober habits
  3.        The requirement not to publish or communicate anything to the media

You will sign a release form acknowledging that:

  1.        You are aware of the terms and conditions of your release
  2.        Those terms have been explained to you
  3.        You are aware of the time when your period of release ends

While you are outside the prison, you may be considered to be unlawfully at large and may be arrested when:

  1.        The period of release has ended or
  2.        A condition of your release has been broken

If you are discharged from prison whether on temporary or permanent release, the Governor must ensure that you have:

  1.        Sufficient means for travelling to your destination within the State
  2.        Suitable clothing to wear
  3.        Sufficient means to live on, as is considered appropriate in the circumstances

 

This news has been reported by Ms Yashasvi Kanodia