Odisha starts releasing Prisoners on ‘Emergency Parole’ fearing COVID-19 outbreak in Jails

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By Anurjay Dhal

RAJKANIKA/KENDRAPARA:  As expected , the Naveen Patnaik led BJD Government in Odisha, which has not been missing a single stone unturned to fight back the spread of COVID-19 in the State, where so far, 3 positive cases found till date, was on Saturday started releasing prisoners from various Jails fearing the outbreak of the dreaded disease.

Odisha Government’s move came in the wake of a Supreme Court directive asking States to take necessary steps in Jails to control the spread of COVID-19.Keeping in mind, the emergent pandemic situation in the State of Odisha due to outbreak of COVID-19, the Prisons Department, which functions under State Home Department, has taken several steps for convicted and UTPs release from Jails on emergency parole, sources said adding the process for releasing them has also started.

Earlier, keeping the SC directive in mind, acting Odisha High Court Chief Justice, Justice Sanju Panda had held a video conference with State Home Secretary Sanjiv Choprea and DG (Prisons) Santosh Kumar Upadhya on March 26.

“As per the decision of the High Powered Committee, all convict prisoners having no pending under trail cases and sentenced for term of 7 years or less with or without fine should be given expeditious parole as per discretion of competent authority, if the circumstances so demand,” a 9-page Court order said, copy of which is available with The www.indianewsdiary.com.

The order further said , all convict prisoners sentenced in one case for 7 years or less, with or without fine , and having 1 or more under trail cases, in such cases , the prisoners should have await last one parole peacefully and should be on bail in under trail cases.

“Convicts , who are already on parole or furlough, their special parole may be extended as per the competent authority. The DG(Prisons) shall identify the number of convicts who have already availed one parole or one furlough peacefully and surrendered in time at Jail gate, such convicts may be granted fresh onetime special parole as stated above on the same set of sureties,” the order said.

The order also further said, all convicts above the age of 65 may be granted special parole except those involved in multiple cases or convicted under NDPS Act or convicted under POSCO Act or convicted for rape and sexual offences or convicted for offences of acid attack or those who are foreign nationals. In this category, persons above age group of 70 or above and vulnerable to COVID19 may be considered for special parole by the competent authority.

“With regard to the under trail prisoners , the  committee resolve to direct the UT Review Committee in each district to examine the matter of UTPs with cases involving offences for which prescribed punishment is up to 7 years or less, with or without fine for their recommendation to the appropriate court for release of the UTPs on interim bail,” it said.

“Like Courts, Police Stations, Jails are too crowded places and convicted and Under Trail Prisons (UTPs) are staying in congested space but with Court directive, Government forced to release them,” said Advocate Subrata Nanda.

The Odisha has, sources in State Prisons Department, said, 9 District Jails, 73 Sub-Jails, 1 Women’s Jail, 1 Open Jail and 2 Special Jails, which houses around 15,000 to 20,000 convicted and UTPs. Jails located at Baripada in Mayurbhanj, Berhampur in Ganjam, Choudwar in Cuttack, Koraput and Sambalpur, Jharpada Special Jail in Bhubaneswar and Rourkela always crowded.

The NCRB’s 2017 report said 15,223 inmates were lodged in all 90 jails in Odisha as against their capacity of 18,012. It may be noted here that the then IGP (Prisons) Satyajit Mohanty, had in November, 2019, had written to the Home Department to close18 jails to ensure smooth management and security of other jails.

The www.indianewsdiary.com, has accessed a copy of a letter written by Anil Deshmukh, Home Minister, Maharashtra wrote to his State Prisons Department, which said “ there are 45 prisons in Maharasjtra , in which about, 60,000 prisoners are imprisoned . This is a red flag and a potential flashpoint for rapid spread of COVID-9 , ass prisoners are living congested space,”.

“Hence it is decided to release UTPs and Prisoners convicted up to years of imprisonment. Approximately, up to 11,000 prisoners will be released on emergency parole initially for 45 days. Before their release, they will be subjected to thorough required medical check-up and will be issued the necessary passes which will facilitate them to go to their native place,” the letter said.

It may be noted here that the  Naveen Patnaik administration has decided to provide food to destitute, homeless persons and beggars free of cost in urban areas of the state during the countrywide lockdown for coronavirus outbreak. Collectors of all districts have been issued direction in this regard. It has been decided to provide hot cooked meals/dry food/packaged food to the urban homeless during day and night free of cost. The Odisha government has arranged food and shelter for as many as 5547 workers from other states who have been stranded due to countrywide lockdown.

A total of 36 camps have been set up in Odisha to accommodate the workers from Bihar, West Bengal, Chhattisgarh, Jharkhand, Uttar Pradesh, Rajasthan, Kerala, Telangana, Punjab, Delhi, Haryana, Madhya Pradesh and Andhra Pradesh.Chief Minister Naveen Patnaik had written to CMs of all states urging them to assist people from Odisha who are stranded across different parts of the country amid nationwide lockdown. Patnaik mentioned that the Odisha Government will bear the cost required for their safekeeping. He also assured the CMs regarding assistance towards persons of other states in Odisha.

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