Efforts to make the process of release and premature release of prisoners uniform, transparent and time bound across the country.
Dayanand Sharma, Chandigarh. Punjab and Haryana have different policies and criteria regarding eligibility for release and remission/premature release of prisoners. On this, Punjab and Haryana High Court has adopted a strict stand on this important issue related to jail reforms. Both the states have been instructed to jointly prepare a comparative chart of their respective policies and file it in the court.
A division bench headed by Chief Justice Sheel Nagu clearly said that there is a difference in the policies of the two states and unless it is clear which criteria is applicable where, how will the court monitor.
The matter came before the court when the Supreme Court, taking suo motu cognizance, directed to monitor the processes of release and premature release of prisoners across the country and asked all the High Courts to monitor and supervise the process.
Under this order, this petition was placed in the High Court, where during the hearing, the division bench said that due to different policies, there is confusion regarding eligibility.
The court noted that the Chandigarh administration follows the policy of Punjab, while Haryana is working under a different statutory framework, leading to differences in eligibility and evaluation parameters. The court asked where and how the yardstick of remission for prisoners is decided, because without clear criteria, impartial monitoring is not possible.
During the hearing, the Punjab government told that it is working under the premature release policy of December 14, 2017. While the Haryana government said it takes decisions on release cases as per the Haryana Prison Rules, 2022, which are made under the provisions of the Prisons Act. Due to these different systems, differences have emerged in the eligibility criteria.
The division bench said in the order that both the states of Punjab and Haryana should jointly prepare a detailed comparative chart, clearly indicating the eligibility conditions prescribed under their respective policies and rules, and file an affidavit along with it, so that the court can monitor and supervise as per the directions of the Supreme Court.
Giving three weeks' time for this work, the court made it clear that this process is not just a formality, but an important step towards reducing crowding in jails, preventing delays and ensuring equitable and just treatment of prisoners.
The Supreme Court has already made it clear that all the High Courts should take suo motu cognizance and monitor this system in their respective states, so that the process of release and premature release across the country can become uniform, transparent and time bound.
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