NEW DELHI: The Supreme Court directive to release under-trial prisoners β not charged of heinous crimes and those who have undergone 50% of prison term if they were to be convicted β has had the desired effect with more than 3,900 of them released in the last calendar year alone by various states and union territories (UTs).
Last year, between January and December 2017, at least 3,913 under-trial prisoners were released based on the recommendations of the Under-trial Review Committees set up in each district across the country headed by district and session judges.
According to Union law ministry, which submitted state-wise data on release of these prisoners in Parliament last week,
Uttar Pradesh has released the highest number of 1,073 under-trials, followed by
Andhra Pradesh (941), Delhi (208),
Uttarakhand (204) and
Telangana (198).
Many of these under-trials are released on personal surety as it was found that many petty criminals were languishing in jails for several years for their inability to furnish bail bonds. Under Section 436A of the Criminal Procedure Code (CrPC) personal surety is enough to be released from prison.
Section 436A was specially introduced in the CrPC through amendment to ensure the release of under-trials who have served half the maximum sentence prescribed for the offence for which they have been charged with. However, those who are charged with heinous crimes that prescribe death penalty or life term are not entitled to such relief.
Following the Supreme Court judgment in September 2014, directing the government to release all under-trials eligible under section 436A of the CrPC, review committees were set up in each district. The panel was headed by district judges and had Superintendent of Police as its member. This committee held review meetings in prisons every three months to prepare a list of prisoners eligible for relief.
The government informed Parliament that these review committees have been established in all the districts. βThe areas which primarily are looked into by the under-trial review committees includes under-trial prisoners covered under Section 436A CrPC; those released on bail by the court, but have not been able to furnish sureties; those accused of compoundable offences; convicts who have undergone their sentence or are entitled to release because of remission granted to them; those who are imprisoned for offences which carry a maximum punishment of two years; sick or infirm prisoner who require specialized medical treatment and women offenders,β the law ministry said.
