HC orders release of 412 Punjab prisoners awaiting premature release
The directions came as the court came to know through a December 2024 affidavit from prisons department, Punjab, that a total of 412 different cases of pre-mature release of convicts lodged in state prisons are pending consideration.
The Punjab and Haryana high court has ordered the release of 412 Punjab prisoners, whose applications for premature release have been pending, on interim bail within two weeks.
“The rather conspicuous failure on the part of the state agencies to process the applications of such a considerable number of inmates is deeply concerning. In doing so, the applicants have been subjected to further incarceration when they may be eligible to be released. Such an undisciplined approach is symptomatic of the culture of apathy that has developed on the subject of rights and well-being of convicts,” the high court bench of justice HS Brar observed while directing Haryana and Chandigarh administration to furnish an affidavit on pending cases of premature release in the last two years, within eight weeks.
The directions came as the court came to know through a December 2024 affidavit from prisons department, Punjab, that a total of 412 different cases of pre-mature release of convicts lodged in state prisons are pending consideration.
The court asserted that the policy instituted by the state for premature release is equally applicable to all convicts and denial to be considered under the same directly impacts their fundamental rights as enshrined under Articles 14, 19 and 21 of the Constitution of India. “Once eligible to be considered for premature release, according to the applicable policy, the state cannot deny them this concession without recording due reasons for the same.”
“In fact, the state is duty bound to act fairly and proceed according to the policy formulated by it in a manner that does not discriminate between similarly situated persons in absence of an intelligible differentia. Non-arbitrariness is a facet in Article 14 of the Constitution of India, and the state and all its agencies are required to abide by it. The state cannot indulge in cherry picking and only provide the concession of premature release to a select few out of the pool of similarly situated convicts and such approach is highly inequities,” the bench observed.
It further added that the fundamental rights, which include rights to liberty and dignity, have been granted by the Constitution, and not the state for them to be withdrawn in this undignified fashion. “These rights are inherent to all individuals by virtue of their humanity, putting them beyond the scope of arbitrary authority. The prisoners have already been punished for the crime that resulted in their conviction. Treating their applications for grant of premature release as trivial and elective, appears to be a measure of further unjustified retribution which is expressly forbidden by Article 20(3) of the Constitution,” it added.
The court remarked that in doing so, the administration is keeping those deserving of and entitled to a chance at reformation, reintegration and living a meaningful life. “Such conduct reflects a medieval mindset, suggesting stagnation in evolution of thought. The approach adopted by the state plays a key role in furthering the cause of reformative justice, and it is duty-bound to proceed in a manner that does not cause or trigger erosion of fundamental rights and promote dehumanisation,” it said.
The matter has been ordered to be listed on August 8.
