Now, terrorists can't get out of Maharashtra jails soon

MUMBAI: As part of its effort to crack down on terrorism, the Maharashtra government has made it harder for people convicted of terrorist and extremist activities to get out of jail early.

The government has framed guidelines under which those convicted under special laws, including the Maharashtra Control of Organized Crime Act (Mcoca), Prevention of Terrorism Act (Pota) and the Terrorist and Disruptive Activities (Prevention) Act (Tada), both of which have been repealed, will have to serve 40-60 years in prison. This includes remission (extra days credited to a jail term).

A person sentenced to life imprisonment under the Indian Penal Code is required to spend his or her entire life in jail. But the state government has discretion to order premature release of a convict once he or she completes 14 years in prison.

The rules for premature release stipulate various categories, depending on the gravity of the crime, with the most stringent category prescribing a maximum jail term of 30 years, including remission.
The new guidelines have created a separate category for terrorism-related offences, increasing the maximum jail term to 60 years.

''The (old) guidelines (for premature release) did not cover grave offences (deserving life imprisonment) under stringent laws like Mcoca, Pota and Tada,'' said the government resolution ( GR) by S C Mondkar, deputy secretary, state home department explaining the need to modify the then existing guidelines, which were last changed in 2008.

The new guidelines — the GR on which was passed in March 2010 — says that an accused charged (with killing innocents) under Mcoca, Pota and Tada needs to serve 40-60 years in jail. For other offences committed by extremists, terrorists or organized crime syndicates, the jail term has been capped at 40 years. The new guidelines ban such convicts from availing of benefits like seeking a transfer to open jails, which have fewer restrictions on movement.