Maharashtra govt issues fresh guidelines on action against prisoners overstaying leave
MUMBAI: The Maharashtra Home Department has issued a circular directing strict action against prisoners who fail to return to jail on time after availing cumulative or complaint leave. The move follows recent directives from the Hon’ble High Court, Chhatrapati Sambhajinagar Bench, in Criminal Writ Petition.
The circular states that several prisoners remain outside prison even after the sanctioned leave period and return late or are brought back by police, creating administrative and legal challenges.
To address this, the government has mandated the following procedure firstly a show-cause notice must be issued to such prisoners, allowing seven days to present their case. If the explanation is unsatisfactory, the competent authority must pass a reasoned order and propose punishment.
The proposed punishment requires approval from the Deputy Inspector General of Prisons. After approval, a judicial appraisal must be conducted by the concerned Sessions Court which sentenced the convict. Only after such appraisal can an order be issued, ensuring that any reduction of sentence or pardon is in accordance with law.
The Home Department emphasized that these steps must be strictly followed while imposing punishment on defaulting prisoners.
The circular states that several prisoners remain outside prison even after the sanctioned leave period and return late or are brought back by police, creating administrative and legal challenges.
To address this, the government has mandated the following procedure firstly a show-cause notice must be issued to such prisoners, allowing seven days to present their case. If the explanation is unsatisfactory, the competent authority must pass a reasoned order and propose punishment.
The proposed punishment requires approval from the Deputy Inspector General of Prisons. After approval, a judicial appraisal must be conducted by the concerned Sessions Court which sentenced the convict. Only after such appraisal can an order be issued, ensuring that any reduction of sentence or pardon is in accordance with law.
The Home Department emphasized that these steps must be strictly followed while imposing punishment on defaulting prisoners.
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