BENGALURU: Many prisoners convicted of murder and heinous crimes are roaming the streets, thanks to Bangalore jail authorities not reporting those who jump parole.
The rampant misuse of parole exposes a porous system that jail officials are exploiting, allegedly for personal gain. Prisoners out on parole tell stories of rampant corruption behind the imposing stone walls.
Extensive research at Express, involving the study of hundreds of documents, suggests a scandal of massive proportions at the Bangalore Central Prison in Parappana Agrahara.
For example, since June, 24 convicts from this jail have jumped parole, but the authorities have neither brought this to the notice of the courts, as mandated, nor filed any complaint with the police.
‘Parole’ refers to the conditional, supervised release of a prisoner before the completion of a sentence.
It is classified as regular, which can extend up to 90 days, and emergency, which cannot exceed 10 days plus travel. Parole cannot be given to any prisoner classified as a habitual criminal.
But take the case of notorious rowdy Palani (Convict No 8888), booked under the Goonda Act and implicated in 15 cases, including two murders, three attempted murders and four cases of possessing illegal arms. He has been happily out on parole since August 5, and enjoys permission to stay out for 90 days.
Emergency parole can’t be extended beyond 10 days plus travel, but Bangalore prison officials have provided such extensions in three cases in June alone.
When Express contacted Additional Inspector General of Prisons V S Raja, he said a prisoner convicted of three murders couldn’t be released, but Palani was eligible for parole since he had just committed “only two murders”.
Legal Loophole
The jail authorities are flouting procedures relating to the monitoring of convicts, and misleading the courts as they exploit a loophole in the law.
According to the Karnataka Prisons Act, a prisoner can be released initially for a period not exceeding 30 days, which may be extended by up to 30 days at a time, provided “the total period of release at a stretch shall not exceed 90 days”.
The Karnataka Prisons Act does not specify whether the 90-day parole allowed is for the entire sentence or a year. Prison officials are using this grey area to make their own rules. Raja said prisoners were being released for 90 days every six months. A policeman who knows the workings of the Bangalore prison described it as “paradise” for those who know their way around. Since June, eight convicts have been out on regular parole beyond 90 days, in violation of all norms.
Court Scandalised: A High Court division bench comprising Justice K Bhaktavatsala and Justice K N Keshavanarayana (now retired) had taken suo motu notice of the irregularities when they came to know that a convict had jumped parole and stayed out for two years. The bench directed the government to file a report on the number of prisoners who had jumped parole, and action taken.
The government filed a report saying 81 convicts had jumped parole. A shocked bench had taken note of prisoners being at large for up to 14 years, and said it indicated “how the prisons’ wing in the state is functioning”. The judges instructed prison officials to submit daily reports to the Chief Metropolitan Magistrate and Chief Jurisdictional Magistrate about prisoners released on parole. The jail authorities are submitting reports as and when they please, and not every day.
On April 9, the bench ordered the Home Department to arrest all 81 convicts before May 30 and initiate action against jail officials who had turned a blind eye to the rampant abuse of parole. But to date, the Home Department has not taken action against any jail official.
ADGP’s Report: K V Gagandeep, Additional Director-General of Police and Inspector-General of Prisons, filed a report on May 30, saying two of 42 parole jumpers had been arrested. His report made no mention of 39 convicts from the earlier list. “It was a wrong submission,” claimed Raja. “Only 42 had jumped parole.” But Gagandeep’s report made no apology for the “wrong submission” in the second document. In fact, he made no mention of the curiously changed numbers.
Fun Sentence: DIG (Prisons) P M Jaisimha said a convict could be released on parole for 90 days every six months. Contrary to documents submitted by their department to a magistrate, Jaisimha and Raja claimed no convicts had jumped parole. As on October 28, Parappana Agrahara jail housed 1,062 convicts, besides hundreds of undertrials. Three convicts are on death row, 997 are serving rigorous imprisonment terms and 62 simple imprisonment. In many cases, the magistrates are not kept posted about whether a prisoner is on parole, absconding or in jail.
Express spoke to the Parappana Agrahara police station, who said jail officials had not registered even a single complaint about convicts jumping parole. “They don’t complain because the investigations could implicate them,” said a senior policeman.
Legal Experts Foxed: The law specifies the period of parole, but does not mention how frequently it can be granted, senior criminal advocate M T Nanaiah said. B V Acharya, former advocate-general, said parole of three months in a year was itself a stretch. “How can they release prisoners for three months every six months?” he said.