L-G Baijal approves amendment, Delhi govt powers in grant of parole curtailed
Lt Governor Anil Baijal (Express) Lt Governor Anil Baijal (Express)
In a move that ostensibly limits the powers of Delhi Home Minister Satyendar Jain, Lt Governor Anil Baijal has empowered the Principal Secretary (Home) to grant parole in most cases. Baijal approved amendments to the Parole/Furlough Guidelines 2010 and communicated it through an order, issued by Additional Secretary (Home) O P Mishra, The Indian Express has learnt.
The amendments were brought in Para 15 of the guidelines, which stated: “The government shall decide the period of release on the merits of each case, for reasons to be specified in the order granting parole.”
Through the amendments, Baijal introduced two clauses in Para 15. The newly added Para 15.1 states that in certain cases, including ones under POCSO, multiple murders and murder after rape, the L-G shall continue to be the competent authority for grant of parole. However, Para 15.2 states, “The competent authority for grant of parole in all cases, except cases mentioned in Para 15.1, shall be Pr. Sec. (Principal Secretary) Home, GNCT of Delhi.”
The guidelines also mention that the Deputy Secretary, Home (General), would scrutinise parole applications and ensure that the Home Department takes a decision within three weeks, “including approvals at all levels”. But with the amendments, the Principal Secretary (Home) will end up deciding the fate of nearly 90 per cent of the cases, a top official said.
The procedure of getting a parole starts with the convict or his/her relative filing an application to the Superintendent of Jail, who forwards it to the police station concerned, which then conducts an enquiry. Following police verification, the application is sent to the Home Department, which scrutinises it and is expected to take a decision within three weeks.
According to officials, who sought to downplay the political relevance of the move, the objective is to bring down time involved in the process by doing away with multiple layers. Now, parole cases where the minister’s opinion will be taken are: prisoner convicted of murder after rape, prisoner convicted for murder and rape of children, prisoner convicted for multiple murders, cases investigated by CBI or any central agency, cases in which conviction is under Prevention of Corruption Act or POCSO Act.
While furlough is every prisoner’s right, parole is granted on discretion of authorities, taking a number of factors into account. There are two kinds of parole: Custody parole and regular parole. Custody parole is granted for not more than six hours, and only on emergency cases like death of a family member.
Regular parole is granted on grounds, including serious illness of a family member, marriage in the family and to maintain family and social ties, while factoring in the convicts’ conduct in jail. “In many cases, the reason behind a prisoner’s wish to get parole was getting lapsed due to the multiple layers involved,” an official said. Jain did not respond to calls and message seeking a comment. AAP spokesperson Saurabh Bhardwaj said: “The L-G is trying to encroach into the domain of the elected government, ministers and the CM.”
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