Parole Manual: Legal Understanding of Parole System of Punjab, Pakistan

Punjab Probation and Parole Service prepared a Punjab Reclamation Manual, which includes the Good Conduct Prisoners’ Probational Release Act, 1926, the Good Conduct Prisoners’ Probational Release Rules, 1927, and the accompanying Executive Orders (E.O.). The manual sets forth the legal framework, procedures, and administrative guidelines for parole (often referred to as “conditional release”) in the province of Punjab, Pakistan.

1. Background and Structure of the Manual

• Historical Context

  • Early “Reclamation Manuals” were published in the 1930s and 1940s, initially covering both the Criminal Tribes Act and the Good Conduct Prisoners’ Probational Release Act.
  • Over time, the Reformatory Farm at Burewala (mentioned in older versions) was abolished, and multiple amendments were made to modernize the system.
  • The current manual focuses on the Good Conduct Prisoners’ Probational Release Act (GCPPR), 1926 and its associated Rules of 1927, supplemented by Executive Orders (E.O.s) that guide day-to-day operations.

• Manual Layout

  1. Chapter I – The Good Conduct Prisoners’ Probational Release Act, 1926
  2. Chapter II – Good Conduct Prisoners’ Probational Release Rules, 1927
  3. Chapter III – Executive Orders (E.O.s)
  4. Appendices & Forms – Various forms, registers, and templates used in parole administration.

2. The Good Conduct Prisoners’ Probational Release Act, 1926

2.1 Purpose and Scope

• Provides the legal basis for releasing prisoners on parole (referred to as “conditional release”) before they complete their full sentences.
• Focuses on prisoners who exhibit good conduct and appear likely to reintegrate successfully into society.

2.2 Key Provisions

1. Section 2 – Empowers the Provincial Government (Punjab Government) to release a prisoner on license, subject to conditions:

   • The prisoner must be placed under the supervision of a Government Officer, institution, or person/society willing to take responsibility.
   • The government assesses antecedents and conduct to ensure the prisoner is likely to abstain from crime and lead a productive life.

2. Section 3 – Specifies that the parole license remains in force until:

   • The original date of release (if the sentence had continued in prison), or
   • The date the license is revoked.

3. Section 4 – Time spent on parole counts toward the sentence for the purpose of computing total imprisonment and remission.

4. Section 6 – Government’s authority to revoke the license at any time.

   • The revocation order states the date from which the license ceases to be in force.

5. Section 7 – Provides for punishment (up to two years’ imprisonment, fine, or both) if:

   • A parolee absconds or escapes supervision, or
   • Fails to return to prison after license revocation.

6. Section 8 – Grants the Government power to make rules consistent with the Act, covering:

   • Form and conditions of the parole license,
   • Powers and duties of supervisory authorities,
   • Classes of offenders eligible for conditional release.

3. Good Conduct Prisoners’ Probational Release Rules, 1927

These Rules translate the Act’s broad provisions into practical procedures.

3.1 Important Definitions

• Assistant Director (AD), Reclamation & Probation: Key authority overseeing parole operations at the Divisional level.
• Parole Officer (PO): Appointed to supervise parolees directly, ensure compliance with conditions, arrange employment, etc.

3.2 Conditional Release of Well-Behaved Prisoners

• The Assistant Director compiles lists of suitable prisoners (in consultation with jail authorities) and forwards recommendations to the Government (through the Director, Reclamation & Probation).
• Upon approval, a license (Form “A”) is issued, detailing conditions (e.g., reporting requirements, employment constraints, restricted area).

3.3 Duties and Powers

• Assistant Director: Overall supervision, direction, and control of parolees; may assign parolees to particular Parole Officers.
• Parole Officer: Monitors parolees’ conduct, arranges employment, ensures wages are paid properly, and reports violations.

3.4 License Revocation

• If a parolee breaches conditions or is deemed unfit to remain on parole, the Assistant Director (through the Director) recommends revocation to the Government.
• The parolee must then return to prison to serve the remainder of the sentence.

3.5 Eligibility Criteria (Rule 9)

• First Offenders convicted under specified sections (e.g., certain chapters of the Pakistan Penal Code, Explosive Substances Act, etc.), with unexpired sentences of ≤6 months, are eligible.
• Other Offenders with shorter sentences (up to 3 years) or those who have served a certain portion of longer sentences (one-third, or 10 years in the case of life sentences).
• Young Offenders (under 21) if deemed suitable.
• Certain categories (terrorism, repeat offenders, moral turpitude) may be excluded under departmental policies or separate executive instructions.

4. Executive Orders (E.O.)

The manual provides 56 Executive Orders (some now defunct or amended) that detail the day-to-day procedures. Below are the key highlights:

4.1 Preparations Before Parole Release

• E.O. 1–3:
  • The Parole Officer’s appointment is communicated to district authorities for cooperation.
  • Parole Officers identify potential employers and maintain liaison to secure jobs for parolees.

4.2 Employer Registration and Approval

• E.O. 4–5:
  • Employers must apply (Form “G”) to the Assistant Director via the Parole Officer.
  • District authorities verify the employer’s status/antecedents.
  • Approved employers are recorded in a register; no parolee is placed with an unapproved employer.

4.3 Parole Release Procedure

• E.O. 6–14:
  • The jail superintendent prepares a “roll” of eligible prisoners (Form 3.3) along with a “Statement of Willingness” (Form 3.4).
  • District Police Officer (and Deputy Commissioner) provide input on the prisoner’s background.
  • Once Government approval is granted, a license (Form 2.1) is issued in triplicate.
  • The superintendent explains the conditions to the prisoner before handing him over to the Parole Officer.

4.4 Supervision & Employment

• E.O. 15–35 outline the Parole Officer’s responsibilities, including:
  • Receiving the parolee from jail and ensuring personal records (history ticket, property details, remission earned).
  • Maintaining a detailed “D.E. Register” (Form 3.11) for each parolee, covering wages, leave, conduct, and restrictions on movement.
  • Arranging safe, appropriate lodging and fair wages (paid through the Parole Officer).
  • Ensuring no overwork or exploitation occurs; likewise preventing idleness or unauthorized travel.

4.5 Remissions & Leave

• E.O. 37–41:

  • Parolees can earn ordinary remission (6–10 days/month) depending on their assigned duties (e.g., “convict warder” earns more).
  • Special remission can be granted for exceptional service or good behavior, but total remission usually cannot exceed one-third of the sentence without special approval.
  • Annual Good Conduct Remission (A.G.C.R.): An additional 15 days after every one-year period of exemplary conduct.
  • Misbehavior may lead to forfeiture of previously earned remissions.

• E.O. 46 (Leave):

  • Parolees earn casual leave at a rate of 5 days per 6 months.
  • No leave in the first 6 months (with minor exceptions).
  • Leave is discretionary, subject to the Assistant Director’s approval, and strictly controlled in terms of location and duration.

4.6 Revocation, Escape, Death, or Illness

• E.O. 48–49:
  • If revocation is recommended, the parolee is typically arrested and returned to jail to serve the remaining term.
  • Escapes must be reported promptly; absconders face criminal charges under Section 7 of the Act.
• E.O. 43–45:
  • In case of serious illness, a parolee may be admitted to a local hospital or returned temporarily to jail for treatment.
  • Upon death, the Parole Officer notifies the Assistant Director, who arranges the release of property or wages to the next of kin.

4.7 Final Release

• E.O. 50–56 (and relevant rules):
  • When the parole period expires (and if not revoked), the parolee is fully released.
  • The Parole Officer updates the records, returns the “history ticket” to jail authorities, and informs all concerned officials.
  • Any pending wages, property, or savings are disbursed to the parolee upon final release.

5. Appendices & Forms

A range of standardized forms (e.g., Parole License Form A, Revocation Form B, Employer Application Form G, Worker Register 3.5, Remission Sheet 3.15) ensures uniform documentation and record-keeping. These forms are critical for:

• Initiating parole (rolls, statements of willingness, police reports),
• Monitoring (employment contracts, restriction of movement, leave records), and
• Closing (final release statements, remission calculations).

6. Key Takeaways

1. Structured Supervision: The manual creates a multi-tiered oversight system involving the Assistant Director, Parole Officer, Jail Superintendent, District Police, and verified employers.
2. Eligibility & Assessment: Only prisoners with good conduct and positive rehabilitation potential are considered. Detailed inquiries into criminal history and personal background help minimize risk.
3. Clear Responsibilities: Each stakeholder (Assistant Director, Parole Officer, Employer, Jail Superintendent) has well-defined duties, ensuring accountability at every stage.
4. Balanced Approach: The system aims to rehabilitate offenders through supervised employment, constructive activities, and potential sentence remissions—while preserving public safety.
5. Detailed Record-Keeping: From initial applications to final release, thorough documentation underpins transparency and consistency.
6. Remission & Leave: Encourages good behavior by offering additional remission and limited leave, both carefully regulated to avoid abuse.

Conclusion

The Punjab Reclamation Manual—anchored by the Good Conduct Prisoners’ Probational Release Act, 1926, the Rules of 1927, and Executive Orders—provides a comprehensive framework for managing conditional releases (parole) in Punjab. Its procedures ensure that only suitable prisoners benefit from early, supervised release, while detailed oversight mechanisms help protect the community and promote the parolee’s successful reintegration into society.

Understanding the Parole Release Process in Punjab, Pakistan

Parole is a vital component of the criminal justice system, offering certain incarcerated individuals the opportunity to serve the remaining portion of their sentence under supervised release. In Punjab, Pakistan, the process is primarily governed by the Good Conduct Prisoners’ Probational Release Act, 1926 and the Punjab Probation and Parole Service Act, 2019. Below is an overview of the key steps and stakeholders involved in granting parole.

1. Legal Framework

Parole in Punjab finds its foundation in:

• Good Conduct Prisoners’ Probational Release Act, 1926, its associated Rules of 1927 and 54 Executive Order issued from time to time, which set out the eligibility criteria and procedures.
• Punjab Probation and Parole Service Act, 2019, which establishes the Parole Board and outlines the authority of the Director General, Assistant Directors, and Parole Officers.

These laws collectively ensure that public safety is maintained while offering rehabilitated offenders a structured transition back into society.

2. Initiation of Parole

The Assistant Director (AD) of the Punjab Probation and Parole Service may initiate the parole process in any of the following ways:

1. Application by the Prisoner
2. Application by Relatives or Friends
3. Recommendation from the Jail Superintendent
4. AD’s Own Observation during Jail Visits

Upon receiving an application or recommendation, the AD consults the Jail Superintendent to identify prisoners who, based on their conduct and background, appear ready for conditional release.

3. Document Preparation

Before parole can be considered, the Jail Superintendent compiles essential documents:

• Parole Roll (including the prisoner’s detailed case history)
• Statement of Willingness (confirming the prisoner’s consent to parole)
• Warrant of Commitment (legal record of conviction and sentence)
• Any Other Relevant Records (such as conduct reports)

These materials are then forwarded to the Assistant Director for preliminary review.

4. Input from District Authorities

Once the initial paperwork is complete, the AD obtains input from:

• District Police Officer (DPO), who verifies criminal history and ensures no pending cases or security threats.
• District Coordination Officer (DCO) or relevant district administration, to provide local intelligence regarding the prisoner’s background and the circumstances of the offense.

This step helps assess any potential risks to public safety or the likelihood of reoffending.

5. Review by Directorate General & Parole Board

After receiving all requisite documents and district reports, the Directorate General of Punjab Probation and Parole Service evaluates the case. If deemed eligible, it is placed before the Parole Board under Section 10 of the Punjab Probation and Parole Service Act, 2019.

The Parole Board—comprising legal and administrative professionals—examines:

• The nature of the crime and sentence
• The prisoner’s conduct in jail
• Risk assessments and any recommendations from the parole authorities

6. Government Approval

Following the Board’s recommendation, the case is forwarded to the Government (often through the Standing Committee of Cabinet for Law and Order). The Government makes the final decision:

• Grant Parole: If approved, the prisoner proceeds to the license issuance stage.
• Deny Parole: If denied, the prisoner may seek a review or appeal under the provisions of the Punjab Probation and Parole Service Act, 2019.

7. Issuance of Parole License & Release

Upon receiving the Government’s approval:

1. The Assistant Director prepares the parole license in triplicate (two English copies and one Urdu copy).
2. These are signed and forwarded to the Jail Superintendent, who explains the conditions to the prisoner.
3. If the prisoner accepts, custody is formally transferred to the Parole Officer, and the prisoner is released from jail under the stipulated conditions.

8. Supervision & Compliance

Once released on parole, the prisoner (now a parolee) must adhere to the conditions laid out in the license. The Parole Officer:

• Monitors the parolee’s activities and ensures compliance with all conditions.
• Assists in arranging suitable employment or residence.
• Reports any violations or misconduct to the AD, which can lead to revocation of parole and a return to custody.

9. Final Release or Revocation

• If the parolee successfully completes the parole period without infractions, they receive a final release from the remaining sentence.
• In cases of violation, the AD may revoke the parole license (with approval from higher authorities), and the parolee is returned to jail to serve the remainder of the original sentence.

Conclusion

Parole serves as a bridge between incarceration and full freedom, offering prisoners who demonstrate genuine reform a chance to reintegrate into society under structured supervision. In Punjab, the process involves multiple checks—ranging from the Assistant Director’s scrutiny and district authority assessments to Parole Board review and final governmental approval. Through this robust procedure, public safety is balanced against the rehabilitative goals of the criminal justice system, ultimately aiming to reduce recidivism and foster responsible citizenship among former offenders.