Corona Leave For Prisoners Not Valid As Amnesty

Mumbai, 30th December 2022: The Maharashtra Government implemented the Supreme Court’s order to grant emergency leave to prisoners during the coronavirus infection and granted leave to many prisoners for a maximum of two years. However, while re-admitting all these prisoners to prison, this leave during the Corona period is not valid for amnesty.

As per the Maharashtra Jail Rules, prisoners get the benefit of accumulated and other leave while serving their regular sentence. This period is counted as their punishment period. Therefore, when the Corona outbreak started in the country, the Supreme Court took notice and ordered all the states to grant emergency leave to these prisoners. Maharashtra also issued a notification implementing this order. Initially, it granted 45 days and then increments of 30 days each. During the Corona period, these prisoners could enjoy leaving for a maximum of two years. Finally, on 8th May 2022, the leave was revoked by a notification and all the prisoners were ordered to be readmitted to the jail. These prisoners were readmitted to the jail after being tested for the coronavirus and after medical examination. These prisoners were under the impression that their punishment would be reduced due to the leave they got during the Corona period. But the jail administration has refused to grant amnesty instead of emergency leave during the Corona period, which has spread unrest among the prisoners. In the notification issued by the state government in this regard, it has been clarified that emergency leave has been granted as per the demand of the prisoners while mentioning the order of the Supreme Court. Therefore, their right to amnesty has been waived.

“We did not ask for leave. The jail administration released us only because of the Supreme Court’s order. During the Corona period, the government gave many concessions,” a prisoner said. The prisoner further argued, “We will have to suffer two more years of punishment due to non-acceptance of leave during the Corona period.”

“This leave was granted as per the order of the Supreme Court. The Maharashtra Jail Rules were amended to grant this leave. But this amendment was later cancelled. Therefore, no amnesty can be given regarding this leave,” said a senior official in the Home Department on condition of anonymity.