The Tripura government, under the Azadi Ka Amrit Mahotsav scheme which celebrates 75 years of Indian independence, the BJP led Tripura government has decided to release prisoners who have completed two-thirds of their jail term.
“We have taken up a process for special remission of convicted persons who have completed 66 per cent of their jail term and maintained good conduct. This is being done following an instruction from the Ministry of Home Affairs (MHA) on the occasion of Azadi Ka Amrit Mahotsav,” Apurba Kumar Chakraborty, OSD to the department of prisons, told PTI.
Currently, there are 1,335 convicts in 14 jails in the state, which have a total capacity of 2,365. This means that the prisons are not overcrowded yet the state government went ahead with this move.
Tapash Roy, the secretary of the prisons under the Home (Jail) Department said during a Press Conference that 5 convicted prisoners are set to be released, reported India Today NE.
However, it is unclear whether there are any other conditions for releasing these prisoners or is it a blanket application on all prisoners irrespective of what they were convicted of, if they were serious offences, whether they would be treated any differently and whether they registered good behaviour.
As per The Prisoners (Release on Parole) Rules 1998, under Rule 4, one of the conditions for being released on parole is good behavior.
However, what the Tripura government has decided is to release the prisoners for good and not just on parole which amounts to suspension of their sentence or their remission. Under section 432 of CrPC Central and state governments have powers to remit and suspend the sentence of a convict and under section 433 of CrPC, the governments can commute the sentence as well which can be done suo moto.
Under the Azadi Ka Amrit Mahotsav scheme, Maharashtra released 189 prisoners and Tamil Nadu released 60 prisoners in January, on the occasion of Republic Day. In March 2022, the Central government had decided to give special remission to certain category of prisoners which did not include those involved in serious crimes but included those who have consistently maintained good conduct during their term in prison. As per the Central government’s categories, those eligible for this special remission included:
>Women convicts of 50 years of age and above who have completed 50 per cent of their total sentence period (without counting the period of general remission earned).
>Transgender convicts of 50 years of age and above who have completed 50 per cent of their total sentence period (without counting the period of general remission earned).
>Male convicts of 60 years of age and above who have completed 50 per cent of their total sentence period (without counting the period of general remission earned).
>Physically challenged/disabled convicts with 70 per cent disability and more (duly certified by a medical board) who have completed 50 per cent of their total sentence period (without counting the period of general remission earned).
>Terminally ill convicts (duly certified by a medical board)
>Convicted prisoners who have completed two-third (66 per cent) of their total sentence period (without counting the period of general remission earned).
>Poor or indigent prisoners who have completed their sentence but are still in jail due to non-payment of fine imposed on them by waiving off the fine.
>Persons who committed an offence at a young age i.e. between 18 and 21 years and with no other criminal involvement/case against them, who have completed 50 per cent of their sentence period (without counting the period of general remission earned).
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