Maharashtra: Parole, furlough rules to be made easier again?

The Home department is mulling to relax some of the stringent rules—brought into effect just five months back—in granting of parole and furlough to jailbirds languishing in state's prisons. The amendments now being considered for rollback were brought in August 2016 after rape and murder convict Sajjad Mogul jumped parole.

In a recent meeting, the department decided to reconsider its decision to restrict emergency parole to seven days. It also decided to consider rollback of the surety amount to Rs 5,000 from Rs 15,000 and increase the limit of days allowed for furlough from 45 to 60.

Sources said the department has been under immense pressure from the senior prison authorities, who have been finding it difficult to implement the new strict norms. In fact, soon after the revised norms were notified, the prison officials requested the Home department to make it applicable only for those convicted after August 2016. This would have spared most of the criminals as one becomes eligible for parole and furlough only on completion of one year in prison.

"Some of the norms are impossible to be implemented. For instance, not many people can pay a surety amount of Rs 15,000," said a senior government officer.

According to the amended laws, anyone convicted for rape, rape and murder, any section of Narcotics and Drugs Psycoptic Substances (NDPS), dacoity or kidnapping will not be eligible for 'regular' parole in Maharashtra. Such convicts, however, are eligible for "emergency" parole, which is granted only under three circumstances—firstly, in case of death of father, mother, spouse, son, daughter, brother or sister; secondly, in case of serious illness of father, mother, spouse, son or daughter; and thirdly for marriage of son, daughter, brother or sister.

Maharashtra perhaps is the first state to do so. The rape convicts here were already barred from availing furlough.

Sources claim the new rules also do not allow parole or furlough to those who are under trial or have filed appeal in any of the courts. Also, the emergency parole is granted for a maximum of seven days at the time of confirmation of emergency. This parole under no circumstance sees any extension. The department had also increased the surety amount from minimum of Rs 5,000 to Rs 15,000.

In a first, the department categorised parole into two—emergency and regular for which strict eligibility criteria has been set. Even for regular parole, the criteria for granting of parole has been divided into three categories—when the average sentence is up to five years, up to 14 years and exceeding 14 years.

While the number of days for which the parole is granted was 45 days extendable up to 60 days in all the three categories, duration after which the convict becomes eligible to avail it varies under all the three categories. The new rule book has also revised the duration after which a prisoner will become eligible for applying for the parole the second time.