The High Court of Karnataka on Wednesday directed the State Public Prosecutor to submit a report within three months with details on how the authorities had applied provisions as per the Karnataka Prisons Act and the Prisons Rules, and the prison manual while permitting release of 42 convicts on parole, who have escaped after their release.
A Division Bench comprising Justice Ravi Malimath and Justice John Michael Cunha issued the direction during the hearing of a petition which was initiated suo motu by the High Court in 2014. The petition was initiated after the court noted that a convict, who had filed an appeal against his conviction and sentence, was found to be missing following his release on parole.
As the Bench directed State Public Prosecutor P.M. Nawaz to secure report in this regard, he said he would secure a report from an Additional Director-General of Police, who is heading a team of officers as per the court’s earlier direction for nabbing the absconding convicts.
Senior Counsel B.V. Acharya, who is assisting the court as an amicus curiae , suggested that the court can first ascertain the procedure followed by the officials prior to release these convicts on parole and direct a senior officer to conduct an inquiry to find out any lapse in following the procedure. He, however, said that officials concerned cannot be held responsible for escape of a convict released on parole by following the procedure.
Following this, the Bench said it was not intended to direct initiation of action against officials for mere escape of a convict after release on parole but pointed out that the court was required to act if prison officials have not initiated action as per the law for securing a convict even after he failed to return to the jail after expiry of parole period, though grant of parole may be as per the due process.
While some of the 42 escaped convicts were arrested after the court issued orders in 2014, a couple of them were found to be dead, and 24 of them are still at large.
