• Jailbirds Trapped as Panel Sleeps

  By J Shanmugha Sundaram
  Published: 15th May 2015
  The main gate of the Vellore Central Prison, on Thursday | S Dinesh

VELLORE: At least 25 prisoners who have served 14 years or more in the Vellore Central Prison for Men pursuant to a life-sentence and who are entitled to have their cases reviewed by the Prison Advisory Board for premature release, as per the Tamil Nadu Prison Rules,1983, continue to languish in the Vellore prison with the Advisory Board not having convened a meeting for over four years.

As per Section 341 (2) of Tamil Nadu Prison Rules, 1983, cases of prisoners undergoing imprisonment for life, who have served 14 years or more in jail, can be taken up by the Advisory Board based on certain parameters for consideration for premature release. The last time prisoners were released as per this provision from the Vellore Central Prison for Men was in 2011 when six prisoners were released in 2010-2011. With the board failing to convene the mandatory once in six months meeting, prisoners entitled to have their cases reviewed are being denied an opportunity of a premature release.

It may be noted that rules do not permit the premature release of prisoners falling in certain categories which include those convicted of rape, dacoity, terrorist crimes, offences against the State, those convicted of economic offences, black marketing, smuggling and those sentenced under the Prevention of Corruption Act, Suppression of Immoral Traffic in Women and Girls Act.

What has added to the possible ‘excuse’ for the Vellore Prison Advisory Board not reviewing cases of prisoners eligible for early release has been the recent Supreme Court’s stay order against the premature release of life convicts. In July 2014, the five-member Constitution Bench had restrained all State governments from exercising their remission power to release life convicts in light of the Tamil Nadu government’s move to release the seven convicts in the Rajiv Gandhi assassination case.

“The bench had stated that no life convict should be released until further orders. This has left thousands of prisoners across the country languishing in jails,” said P Pugalenthi, counsel for Nalini Murugan, one of the convicts in the Rajiv Gandhi assassination case.

A senior official of the Vellore Central Prison took ‘refuge’ in the 2014 Supreme Court stay order and said they were unable to take up the case of any prisoner owing to the stay order. However, the official could not provide an explanation as to why the Advisory Board had not met between 2011 and 2014. The logistics for effecting a premature release of a prisoner are complex and thorough to ensure that prisoners released do not pose a threat to society after their premature release. 

The Advisory Board comprises of the Sessions Judge, Chief Judicial Magistrate, Superintendent of the Prison, Regional Probation Officer and a non-official member appointed by the government as its members and is chaired by the district Collector. When a review of a case is done, the Board looks into the prisoner’s social history, the circumstances of his/her crime, conduct in prison, changes in the prisoner’s attitude and whether the possibility of his/her resettlement after release is good as well as ensuring there is no further threat to lives because of the prisoner’s release. The Governor has the final say after receiving recommendations from the IG and the Home Ministry for a premature release.  With the Advisory Board not meeting once in six months - a mandatory requirement -  prisoners’ legal rights are being denied. If the Advisory Board had met between 2011 and 2014, it is possible that a few prisoners sentenced for life in the Vellore Central Prison would have been prematurely released without posing a threat to society.