Devinder Pal Bhullar: An explainer on how prisoners are considered for release

Can the Delhi government release any prisoner on their own? Who takes the decisions during the board meeting? When do these meetings happen? Here is an explainer

Ahead of the Punjab assembly elections, there is a growing clamour for the early release of Devinder Pal Singh Bhullar, convicted in the 1993 Delhi bomb blast case. Even as the government is yet to announce a date for the next Sentence Review Board (SRB) meeting, prison officials have confirmed that Bhullar’s name will be included among the list of prisoners, who are being considered for release, subject to the board’s approval.

In the run-up to the elections in Punjab, several groups have petitioned different political parties, particularly the Aam Aadmi Party (AAP) for Bhullar’s release. (Sameer Sehgal/HT Photo)

For the last 24 years, the 57-year-old convicted Khalistan separatist is a prisoner of Tihar, but has been lodged in Punjab’s Amritsar jail since 2015 due to mental health issues. Bhullar was convicted and sentenced to death in 2011. In March 2014, however, the Supreme Court commuted his death sentence to life imprisonment owing to his ill-health, and a delay in the trial.

In the run-up to the elections in Punjab, several groups have petitioned different political parties, particularly the Aam Aadmi Party (AAP) for Bhullar’s release because Delhi’s Tihar jail comes under the administrative jurisdiction of the AAP-led Delhi government. Such groups have also accused the Delhi government of stalling Bhullar’s release. The AAP, for its part, has accused other parties of politicising the issue.

Can the Delhi government release any prisoner on their own? Who takes the decisions during the board meeting? When do these meetings happen? Who takes part in these meetings and many other questions related to prisoners and their release?

An explainer: 

Who is eligible for premature release?

Every convicted prisoner, who has completed at least 14 years (without remission) of sentencing, is eligible for their case to be presented before the Sentence Review Board (SRB). Prisoners on death row are not eligible. Prisoners serving life imprisonment for murder, murder with rape, contract killing, gangster activities among other such heinous crimes are only eligible for pre-mature release after 20 years (including remission). Based on the prisoner’s conduct inside jail, the authorities grant a certain number of remission days every year, which will be deducted from the time period of their sentencing.

Who decides if a prisoner is eligible?

Once a prisoner completes 14 years, a file on them is prepared by the superintendent of the jail where the prisoner is lodged. The file will include details of the prisoner’s crime, number of parole days availed, mental health, conduct/activities inside prison and report from the police force of their residence and the place where they committed the crime. Records show that if prisoners commit crimes during their period of incarceration (while out on parole or inside prison), it will be difficult for them to get a clearance from the SRB for their release. The file on the prisoner is then handed to the director-general of the prison, who is a member of the Sentence Review Board.

What is the Sentence Review Board(SRB)?

This is a seven-member board constituted by the Delhi lieutenant governor (LG), which examines the case of each prisoner. A 2004 notification issued by the Delhi LG office reads that the SRB should meet once in at least three months. But if the number of cases is more, then the chairperson of the SRB can hold the meeting frequently to ensure that eligible prisoners do not stay in prison longer. The chairperson’s office has to inform the other board members at least 10 days in advance about the SRB meeting. The meeting happens at the Delhi Secretariat, office of the Delhi government. The minutes of the meeting is recorded and shared with all members to ensure transparency.

Who are the members of the SRB?

The minister-in-charge of prisons is the chairperson. In Delhi, the prison comes under the home department. So, the Delhi home minister (currently Satyendar Jain) is the chairperson. Other members of the board include the director-general of prisons, state law secretary, state home secretary, district judge, social welfare department director, and a police officer not below the rank of a joint commissioner or an inspector general. The members vote after discussing the case of each prisoner. The members are from the central government and the judiciary too. After voting by the seven members, the board decides to approve or reject the release. So, the Delhi government is not the sole authority to decide on any person's release.

So, is the SRB decision final?

No, the SRB is not the final authority to release a prisoner. The recommendation of the board (after voting by seven members) is sent to the Delhi LG. The LG is the final authority. It is only after the LG’s order that prison officers release the prisoner. But in cases where prisoners were convicted in cases of the Central Bureau of Investigation (CBI) or the National Investigation Agency, the final nod comes from the Union home ministry (MHA). In such cases, the SRB’s recommendation is sent to the Ministry of Home Affairs. For example, in the case of the 10 Delhi police officers, who were arrested by the CBI in the 1997 Connaught Place fake encounter, the SRB recommended their release and the file was sent to the MHA. The officers were released only after the MHA issued the order.

So, is SRB the only option?

No. In a recent case, when the SRB repeatedly rejected the release of former Congress youth president, Sushil Kumar, convicted for his wife’s murder, in what became infamous as the Tandoor case, the Delhi High Court released Kumar. In December 2018, the Delhi High Court released Kumar after noting that he had served over 23 years in prison — the first 21 years without a single day of parole — and on the positive recommendations of the prison department about this conduct in jail.

How many prisoners are released by the SRB every year?

There is no fixed count but about 100 prisoners are released every year. Those who are denied release by the board have the right to again apply for their release. For example, the SRB had in the case of Manu Sharma, convicted of model Jessica Lal’s case murder in 1999, denied release at least thrice before finally releasing him in June 2020. Prison officers said that in cases of widely-reported incidents by media, it becomes difficult for the prisoners to get approval for their release from the board. Other prisoners, who may have committed similar crimes but their cases were not highlighted by media or made headlines, may find the release process easier.

Apart from Bhullar’s case, another infamous name that will be taken by the SRB will is the case of Santosh Singh, serving life imprisonment for the murder of Delhi university student, Priyadarshini Mattoo in June 1996.