Punjab DGP gives factual position and clarity regarding status of convicts in Punjab jails

Chandigarh, February 26, 2015: Punjab DGP Sumedh Singh Saini, Additional DGP/Intelligence Hardeep Singh Dhillon and Additional DGP/Jails R P Meena addressing a joint press conference here today narrated factual position and clarity regarding the status of convicts in Punjab jails. 

They said there is no convict whose sentence has been completed and who is still lodged in jail – moment the sentence of any convict is over, the Jail Superintendent immediately releases the convict at his own level – any detention after serving the period of sentence would be an illegal detention which cannot be done.

They further said ‘Imprisonment for life’ is imprisonment for the rest of life of any prisoner who has been awarded such a sentence. Legally, a person awarded life imprisonment is required to spend the rest of his biological life in prison.

States have policies for ‘Pre-Mature Release (PMR)’ of life convicts in their jails. After spending a certain minimum amount in jail (which differs slightly from State to State) lifers become eligible for consideration for Pre-Mature Release. Their cases are considered by the competent authority and decided as per the parameters framed in the policy of the State, they added.

They told that in the State of Punjab, depending upon the gravity of the offence of the convict (Male-Adult), they become eligible for consideration for Pre-Mature Release in broadly the following three categories: 

i)        Those who have physically spent 10 years in jail and have undergone a sentence of 14 years with remission – Simple Murder.

ii)       Those who have physically spent 12 years in jail and have undergone a sentence of 18 years with remission – Murder coupled with cruelty.

iii)      Those who have physically spent 14 years in jail and have undergone a sentence of 20 years with remission – Death sentence commuted to life sentence.

(iv)     Those who have physically spent 18 years in jail and have undergone a sentence of 20 years with remission – Murder of elected representative, public servant etc.

(v)     8½  year physical & 14 years with remission – Life sentence for an offence other than murder.

They said the pre-mature release cases of all life convicts who have undergone the minimum sentence is considered on various parameters like conduct in the jail, conduct whenever out of the jail (on parole), and the likelihood of the person committing offence in future etc. Other conditions as laid down in the policy are required to be followed.

They revealed that Reports from the DC and SSP are invariably taken before reaching any decision on Pre-Mature Release.

They said the prevalent situation in the jails of Punjab is as follows: 

i)        There are about 3665 persons undergoing life imprisonment in the jails of Punjab.

ii)       A vast majority of them have not undergone the minimum prescribed sentence to become eligible for consideration for Pre-Mature Release.

iii)      Presently there are about 223 life convicts in Punjab’s jails who have undergone the minimum sentence and who could be considered for Pre-Mature Release, subject to the parameters prescribed in the policy.

iv)      Their cases are at various stages of examination – from the level of Superintendent Jail to the level of the competent authority. It may be appreciated that a detailed examination of each case is required to be done before any person can be considered for Pre-Mature Release.

Further, they said the Pre-Mature Release is  a concession given by the competent authority and it is not a matter of right – legally, as aforestated ‘Imprisonment for life’ is imprisonment for the rest of biological life of the convict.

They told that in the month of July 2014, Supreme Court has passed an order in Crl Writ Petition No. 48/2014 Union of India V/S  Sriharan @Murgan & ors holding that  “In the meanwhile, the State Governments are restrained from exercising power of remission to life convicts.” These directions are binding on every State including Punjab. As such, since issuance of these orders of the Supreme Court, no pre-mature release can be ordered by the competent authorities in Punjab. This entire matter is presently pending before the Constitutional Bench of the Supreme Court.

Further they said the matter has been examined at the Government level. The State Government has filed an application before Supreme Court praying for an early decision on the matter. Since July, 2014, after the Supreme Court directions restraining the  state governments from exercising power of remission, to life convicts, no premature release of any lifer has (or can be) done. 

They said Surat Singh has circulated a list of 82 persons (compiled by Jaspal Singh Manjpur) demanding their release. The factual position regarding these 82 persons is as under: 

Under Trial – 25 persons – have not been awarded any sentence – they are under trial.

Every under-trial has a legal right to approach a court for bail. All under-trials (there are about 14000 under-trials in Punjab jails and not just these 25) are in ‘judicial custody’. Court procedures do not permit any interference.

Agitation for release of under-trials is difficult to explain.

3.       These 25 under-trials in the circulated list of 82 include Harminder Singh @ Mintoo (KLF Chief), Jagtar Singh Tara (KTF Chief), Gurpreet Singh @ Gopi and Ramandeep Singh @ Goldy who have been recently nabbed from Thailand and Malaysia. The list also includes Rattandeep Singh (BTKF Chief) recently arrested from Uttar Pradesh.

It is not possible to consider any demand for release of such elements.

4.       16 persons are those who have been awarded imprisonment lesser than life. Such convicts (whether these 16 or others similarly placed) are released, moment the sentence of any convict is over. The Jail Superintendent does it at his own level.

5.       Wrong/incomplete information has been provided in 6 cases – details are being ascertained.

6.       3 persons have been acquitted and 3 others have been released on bail. They are not in any prison.

It is difficult to comprehend inclusion of such persons in a list which is being circulated both in India and abroad.

7.       In the list, 8 persons have been designated as ‘Senior Citizens’. These 8 persons were recently convicted in the 1987 Ludhiana Bank Dacoity case. They have not completed their sentence.

                   They have not been awarded life imprisonment. Their sentences vary from 7 to 10 years imprisonment. Legal redressal of bail pending appeal is available to all persons who are old, sick etc.

8.       Death sentence – 1 – pertains to UT Chandigarh.

9.       Lifers – 20.

a)       8 cases pertain to UT, 4 to Rajasthan, 1 to Karnataka and 1 to Gujarat.

b)       Remaining 5 cases pertain to Punjab.

3 of these 5 persons have not completed their minimum required sentence to become eligible for consideration for premature release.

Remaining 2 have completed their minimum required sentence for consideration for premature release. However, their cases are similar to other 223 life convicts lodged in Punjab jail. After July 2014, when the Hon’ble Supreme Court restrained State Governments from exercising power of remission, no premature release of any lifer has been (or can be) done.

Both the persons mentioned in the list have been regularly availing parole as per rules.

It may be mentioned that premature release is also required to be considered as per various parameters. Not everyone falling in the consideration zone is prematurely released. Cases which are rejected are periodically reconsidered, they said.