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.