Bhubaneswar: Odisha has come in for praise in the country’s Apex Court Monday. The State’s SOP on Remission policy for prisoners has earned a pat from the two judge SC bench of Justice Abhay Oka and Justice George Masih during a hearing on Remission (Pre-mature Release) SOP for prisoners today.
A Division Bench of Justices Abhay S Oka and A G Masih heard a case pertaining to release of undertrials and convicts to avoid prison overcrowding. The Court had taken suo motu cognizance of the issue in October 2021 and has been monitoring the case periodically since then. The Apex court today passed a slew of directions to all State governments and Union territories regarding compliance with the remission policy for prisoners.
PAT FOR ODISHA
During the hearing on replies filed by state and UT, the bench had said the following,
* We must note here that apart from the policy on the grant of permanent remission, the State Government has formulated a Standard Operating Procedure (SOP) on October 20, 2023, which has a provision for uploading the orders of grant/rejection of permanent remission on the website.
- The Court categorically stated that, perhaps, this practice needs to be replicated by other States.
ANGST ON ODISHA
Disapproving the delay in remission of prisoners in the State, the Apex court issued a host of directions to Odisha Prisons Department and State Legal Services Authority to comply with in accordance to the SOP issued by National Legal Services Authority (NALSA) with regard to notifying permanent remission of prisoners. The Bench asked the State to set a time line for remission, and in this regard the SC Bench has directed the following
- The State Government be directed that the premature release applications of life convicts pending for want of required documents including fresh opinion of district authorities, and appropriate orders be passed on such applications within the next two months.
- It directed the Odisha Legal Services Authority (OLSA) to actively follow up with the concerned authorities (Prison Superintendants and District Legal services Authority) to adhere to the timelines prescribed in NALSA SOP for the process of premature release of prisoners.
- The top court also directed NALSA to coordinate with the OLSA and ensure that the convicts who are eligible for premature release and whose cases have not been considered timely or whose applications are rejected can report their grievance and legal assistance, if required, be made available.
CONGESTION IN ODISHA PRISONS
When it comes to number of jails to house prisoners – undertrials and convicts, Odisha has been ranked at 5th with a 92 prisons/jails. The total capacity of the prisons in the State has been at 22,855 as on January 1, 2023. The State in the index of capacity to house inmates in jails ranks 8th in the country, after UP, Bihar, MP, Punjab, Maharashtra, Tamil Nadu and Rajasthan.
However, when it comes to prisoner population in jails across states in the country, Odisha ranked 11th with 18,962 prisoners as on Jan 1, 2023, the NCRB report suggests.
And when it comes to congestion in prisons/jails, the State stands at 28th rank with an occupancy rate of 83 percent as against the national average rate of 131.4% .
Delhi has the highest congestion rate in the country, as the occupancy rate stood at 184.5%.
PRISONER REMISSION STATE WISE
As per the NCRB report, In India the prisoner remission rate has been on the rise. In 2020, nearly 2% prisoners were released prematurely in the country. The rate increased to 4% in 2022. Every year over 1 lakh prisoners were released from jails in the country. Maharashtra has the highest number of prisoners released prematurely.
In remission, Odisha figures at number 11 in the country with 90 remissions in year 2022. The pre-mature release of prisoners in the State swings between 80 and 110 over the years. The rate of Remission in the state has been on in the last 4 years.
WHAT IS TIMELINE OF NALSA, AS DIRECTED BY SC?
Here are the details with regard to NALSA SOP that talks about the timeline for remission of prisoners, which was found amiss in Odisha.
- The prison superintendent shall prepare the list of eligible life convicts and other convicts with a gap of four months, in January, May and September.
- This list should be preferably prepared within the first ten days of these months.
- The prison superintendent shall send a copy of the list of eligible convicts to the DLSA as soon as the list is prepared.
- The list should be sent within the 10th day of the respective months (January, May and September) in which the list is to be prepared.
- The District Legal Services Authority (DLSA) shall send the issued roster to prison superintendent within 4-days from the date of receiving of the eligible list from the prison Superintendent.
- Prison authorities shall send letters seeking required documents from the concerned authorities on Feb1 (for list prepared in Jan), Jun 1for the list prepared in May and Oct 1 for the list prepared in September.
- The process of compiling documents/information for the individual case files and preparation of the premature release applications shall be completed in maximum 2 months i.e., by 31st March (for the list prepared in January), by 31st July (for the list prepared in May) and by 31st November (for the list preparedin September).
WHO ELIGIBLE FOR REMISSION, AS PER SC ORDER?
The Apex Court discussed issues pertaining to permanent remission and premature release of life convicts, and the ‘e-Prison’ module hearing the same case in 2021. Th e details given below.
- The SC delved on the ‘e-Prison’ module.
- E-prison is a digital software designed to streamline the release of undertrials and convicts.
- It is meant to assist two types of prisoners:
- (1) undertrials who have received favourable bail orders, and
- (2) convicts who have served at least 14 years in prison.
- In February 2022, the Court had ruled that convicts who have served 14 years in prison can be granted bail if their criminal appeals are pending before High Courts.
BENEFIT OF E-PRISON MODULE:
- When an undertrial prisoner receives a favourable bail order, or a convict becomes eligible for bail, the module alerts the District Legal Services Authority (DLSA).
- On being alerted, the DLSA sends an advocate to assist the prisoner.
- Odisha jails also implementing e-prisons module. But the timeline mentioned in NALSA SOP is not adhered to strictly.
- Not only Odisha, most of the states have been found languishing in implementing the NALSA SOP.
E-PRISON LATEST DATA AFTER SC 2021 ORDER
AS per e-prison data, the number of inmates in jails in Odisha has declined to 17,745 as on Nov 4, 2023. The release count in the State exceeds the number of admissions to prisons. On November 4, a total of 4 inmates released as against 2 admissions.
The release of prisoners from jails in the country as a whole stood at over 5,280 vis a-vis admission of 2,205. The result is in Uttar Pradesh, which had 1.21 lakh inmates in jails, saw the count dropping to 90,128 as on Nov 4, 2024.
ORIGIN OF SUO MOTO CASE
Sonadhar, a prisoner in Chhattisgarh, who remained in prison for three years after becaming eligible for remission, on October 6, 2021, while hearing Sonadhar’s case, the Supreme Court directed that prisoners who had served 10 years in prison, with no mitigating circumstances in sight, and with no upcoming appeal hearings, must be released.
- It also directed that the cases of prisoners who had served 14 years in prison must be presented to the government for early release.
- On 29 October 2021, Sonadhar’s case was tagged with seven other matters on prison overcrowding.
The Court of its own will has started monitoring the issue under a case titled In Re. Policy Strategy for Grant of Bail.
