The Kerala High Court on Thursday directed all officers in charge of police stations to furnish reports expeditiously to jail authorities regarding the prisoners who have submitted applications for parole.
The court, while allowing a writ petition filed by the father of a prisoner seeking a directive to the Kannur Central Prison Superintendent to dispose of his son’s applications for parole, directed that such applications, whether it was addressed to the Director General of Police (Prisons) or to the Superintendent of Prisons or not, shall be disposed of by an order in writing.
The superintendents should forward the parole applications filed for the first time by prisoners to the DGP (Prisons) along with the reports contemplated under the Prison Rules. The court directed District Probation Officers as well to furnish their reports on request from the jail authorities without delay.
3 requirements
It was pointed out that as per rule 397(h) of the Kerala Prison and Correctional Services (Management) Rules 2014, there were three requirements for considering the parole applications. A report had to be obtained from the sub-inspector of police concerned as to whether grant of parole would be detrimental to the safety of others and the prisoner, and whether it would affect the law and order situation and whether there was any possibility of the prisoner concerned absconding and there was any history of any misconduct from him while on parole.
The Superintendents of Prisons shall give a recommendation showing the previous conduct of the prisoner and details of the parole so far granted. Besides, a report had to be obtained from the District Probation Officer regarding the family and social background and acceptability of the prisoner by society.
It was brought to the notice of the court that parole applications were kept pending without passing orders, affecting the right of the prisoner to file appeal against the orders of the DGP or Superintendent of Police.
