HC snubs city govt's new parole norms

NEW DELHI: If Delhi government has its way, Manu Sharma will never be out on parole again, neither will anybody else in Delhi prisons. So say the government's new parole guidelines.
Submitting a set of amended guidelines before the Delhi High Court on Wednesday, the government little realized that one of the clause which mentions the offences under which people are `not eligible' for parole had almost every offence in the IPC.The list not only included prisoners convicted for murder, rape, kidnapping, pre-meditated violence, sedation and vandalism among others under `not eligible' list, but also included crime under other acts like TADA, Explosives Act and Arms Act.
Shocked by the list, a division bench comprising Chief Justice A P Shah and Justice S Muralidhar pulled up the government and said, "You have virtually included the entire population (of jail)."
Bombarded with queries, solicitor general of India (SGI) Gopal Subramaniam, who was present before the court on behalf of the government, sought time from the court to modify the guidelines after a meeting with DLSA. Expressing disappointment on the government's approach in the matter, the bench asked the SGI to give proper time on framing the guidelines, and fixed the matter for Thursday.
The added clause in the parole guidelines by Delhi government was brought to HC's notice after Delhi Legal Services Authority (DLSA) which was earlier asked by HC to act in co-ordination with the Delhi government in framing the guidelines pointed out to the court about the `non eligibility' criteria. "This time they have added reasons where parole will not be granted. The list includes sedation, TADA, premeditated offence...," said Asha Menon, member secretary DLSA.
Another interesting point that was included in the clause said that prisoners suffering from mental illness if not certified by the medical officer will not be eligible for parole. Taking strong exception to the fact, the bench asked the government why prisoners suffering from mental illness were kept in normal prison and not in special prison.
The guidelines said that prisoners whose freedom is considered dangerous to the society and those who were involved in serious violence like assault, riot or who have been found to be instigating serious violation of prison discipline will not be considered eligible for parole. The guidelines also cite that those prisoners whose work and conduct have not been good during the preceding 12 months will also be not considered for parole. The new guidelines clearly mentioned that the period of parole shall not ordinarily exceed one month except in special circumstances and the government shall decide on the merit of each case.