On April 30, Balbir Sharma, a man with 36 cases of theft, robbery & snatching registered against him was released from Tihar jail as part of the prison’s move to decongest its premises to contain the spread of Covid-19. 5 days later, he was arrested for allegedly robbing a man of his cell phone & scooter.

A day before Sharma‘s release, Monu Sharma, a man with 8 criminal cases, was also released in a bid to decongest the jail complex. 6 days later, on May 5, he was arrested for stealing an electric autorickshaw in east Delhi’s Geeta Colony.

2 months ago, the Govt. of Delhi released around 2,800 prisoners to decongest the prison complex as one of the steps to contain the spread of the COVID-19. The released prisoners included 1,000 under-trials who were let off on bail while the others were convicts released on parole.

The records of arrested people over the last 1 month show that many released prisoners are back to a life of crime. Delhi Police has, in the past 1 month, arrested at least 129 such prisoners again after suspecting their involvement in cases of robbery, snatching, theft & burglary in different parts of the city.

A senior Police officer said that “After the lockdown norms were eased & we started receiving reports of regular crimes from different parts of the city, our police teams launched a crackdown on such criminals".

He added that ”Our investigation showed that many of them were those who were released during the lockdown. In ideal circumstances they would be in prison while the courts conduct trial. The prison department released them but instead of appreciating the decision, they are back to crime. We have sent them back. The prison authorities must verify the records of each prisoner before letting them off.”

Though the Police were proactive in arresting snatchers & robbers across the city, their efforts would be in vain if the prison keeps releasing habitual criminals, said another Police officer.

The second officer added that “The 129 prisoners we arrested again are those whom we could trace. The actual number of such released criminals who are again active could be more".

Reacting to the arrest of the released prisoners, a senior prison officer, who wished to remain anonymous, said they are complying with the court’s orders & are only releasing prisoners who were arrested in crimes for which the punishment is less than seven years. “Many prisoners who were arrested in non-heinous cases (punishment less than seven years) such as theft, snatching, burglary were released in March & April. We only release those who have one or few cases. Snatching & theft come under those categories. We analyse each case before releasing them. It is only done on the basis of the prisoner’s jail conduct.”

The prison officer added that such prisoners are only released on interim bail & their cases will be analysed once the pandemic has subsides.

Sunil Gupta, Prison expert, who was a law officer in Tihar for over 30 years, said releasing prisoners who had barely spent a week behind bars back to the society had threatened the city’s law & order.

Sunil Gupta said that “I am all for releasing prisoners. A jail is a reformation centre. The prison department should have released those prisoners who had spent many years in prison & were part of the reformation exercises. You have instead released habitual criminals, who barely stayed for a month behind bars. They will definitely go out & commit crimes. They may be petty criminals, such as snatchers & burglars, but once out of prison without any reformation, they are a threat to the city’s law & order".

He also offered a solution. The Ex-Law officer said that instead of decongesting the jail by releasing such prisoners, the prison department should house them in a temporary jail outside the prison complex. “The jail manual authorises the government to make a temporary prison in these times. They could make a school complex or a playground as a jail & house the prisoners there. We have done it in the past. Releasing unreformed habitual criminals within a month is a knee-jerk reaction that must be avoided. This will bring chaos.”

Housing over 18,000 prisoners, Tihar jail is the most populated prison across the nation. There are 3 prison complexes under Tihar -- Tihar, Rohini & Mandoli. In April, the jail authorities released around 2,800 prisoners - under-trials & convicts -- on interim bail & extended parole to reduce the population within the jail.

With thousands of prisoners living in close proximity, jail officers feared that COVID-19 would spread rapidly if the prison was not decongested. The 3 prisons have collectively reported 20 cases of Covid-19, which includes 17 prisoners & 3 jailors. None of the cases were detected in June.

Prakash Singh, Retired Indian Police Service officer, who served as the Police Chief of Uttar Pradesh, Border Security Force & the Assam Police, said the Police must document the cases of such prisoners & present it in court. Singh also said the prison department must introspect on the files of each prisoner they release.

Prakash Singh said that “They were released on humanitarian grounds but if they refuse to mend their ways, the punishment should be enhanced. Many of them are habitual criminals, who made nothing during the lockdown. They are not salaried or work anywhere so they depend on the earnings from the crime. Once released, they may be trying to make them up for lost months & are back to their business. The prison department must carefully scrutinise each case before releasing such criminal".

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