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Government Of Assam Home & Political Assam Prison Headquarters

Leave and Emergency Release

Eligibility of leave

  • Subject to provisions of Rules 44, eligibility for leave for (twenty days in case of first release and thirty days in case of subsequent release) shall regulated as shown in Appendix ‘A’.
  • Leave shall not be granted to a prisoner within a period of six months from the date of his surrender after the expiry of emergency release.
  • A register shall be maintained as in Appendix ‘B’ in which all cases of prisoners eligible for leave shall be posted at least three months, in advance of the date on which they become eligible for being release on leave and shall be placed before the jail Superintendent.

Procedure for application

The Jail Superintendent shall examine the case of each prisoner who is eligible for leave to find out whether the prisoner is fit for being released on leave.

The cases shall considered on the following points:
a) Conduct
b) Work
c) Progress achieved in various spheres
d) Effort for introspection and self improvement
e) Attitude towards family and community
f) The Manner in which previous period of leave or emergency released was utilized; such examination shall be completed at least before 60 days of the date on which a prisoner becomes eligible for leave

Prisoners whose conduct has been found to be unsatisfactory or prisoners who are punished for prison offences shall be considered as unfit for being considered for release on leave. In such cases the period after which the case will be reviewed shall decide by the Superintendent of Jails and the prisoners informed accordingly. Provided that the period after which such cases are renewed shall not exceed six months.

A prisoner, whose case the Superintendent of Jail has decided to recommend for release on leave, shall be informed to submit to him an application in triplicate to the Inspector General of Prisons in the prescribed forms as in appendix ‘C’. In his application the prisoners shall state, amongst other things, the name and addresses of his relative or friend with whom he wished to stay during the period of leave.

One copy of the application shall be retained in the office of the Superintendent of Jail, and one copy together with the descriptive roll of the prisoner shall be forwarded along with the recommendation of the Superintendent of Jail concerned to the Inspector General of Prisons for orders.

 

Postponement of release on leave

If the prisoner commits serious violations of prison discipline after the despatch of the application and prior to his actual release on leave from the prison, the Superintendent of Jail may postpone his release on leave. In such cases, the Superintendent shall forward a report along with his recommendations to the Inspector General of Prisons for the further orders.

On the application of the prisoner, the Superintendent of the Jail may postpone the prisoner’s release on leave ordered by the Inspector General of Prisons so that the leave period may synchronise with agricultural operations like sowing, harvesting or such work as repairing the homestead or attending marriage in the Prisoner’s family, etc. In such a case, a report shall be submitted to the Inspector General of Prisons for information.

  • Prior to being released on leave, the inmate should be oriented and prepared for his leave.

Emergency release

The sanctioning authority may subject to the provisions of Rule 15 grant emergency release (not exceeding thirty days including an extensions) to a prisoner on the following grounds:

  • to facilitate the inmate’s presence in his family during a period of grave emergency like death or serious illness of father/ mother/ brother/ sister/ spouse/children;
  • to facilitate the inmate in specialized treatment for diseases like tuberculosis, cancer, etc, in accordance with the opinions of the prison Medical Officer to be approved by the Civil Surgeon.
  • to facilitate attending the marriage ceremony of his daughters, sons, brothers and sisters

Extension of Emergency release

If a prisoner on emergency release requires extension he may apply for the same to the authority sanctioning the emergency release. Such authority after fully satisfying itself may grant extension for such period as may appear to it to be absolutely essential in the circumstances of the case. If orders authorising the extension are not received before the expiry of the emergency release period, the prisoner shall report back to the Jail.