E-Paper
SC orders UP govt to consider premature release of life convicts in 4 months
UP’s additional advocate general Garima Parshad told the Supreme Court that the case of some life convicts for premature release was already under consideration and will require three months to be finally processed.
NEW DELHI: The Supreme Court on Tuesday directed the Uttar Pradesh government to consider release eligible life convicts covered by its 2018 policy within four months with priority to be given for release to aged and ailing prisoners.
The direction came on a petition filed by more than 500 prisoners who questioned the change in premature release policy of the state that made them ineligible despite having undergone 16 years of the sentence. These prisoners were entitled to release under the August 1, 2018 policy but on July 28, 2021, Uttar Pradesh adopted a harsher stance and made premature release applicable to only those prisoners who attained 60 years of age.
“We direct all cases of premature release of convicts undergoing life sentence in the present batch of cases shall be considered in terms of the August 1, 2018 policy,” the bench of justices Dhananjaya Y Chandrachud and Hima Kohli said.
The court further held, “In the event that any of the convicts are entitled to more liberal benefits under the amendments to the August 1, 2018 policy, the case of the convict shall be considered under the more liberal policy applicable to him.”
No convict will have to apply for premature release as the state shall process the release permission after seeking the recommendation of the prison official concerned, the bench said, quoting the August 2018 policy. In this regard, the court directed the District Legal Service Authority to take necessary steps for ensuring that no eligible prisoner is left out.
Under the latest policy amended by the state, any convict who has undergone 16 years of actual sentence and 20 years (with remission) will be entitled to apply for premature release. Further, the new policy even enetitled persons convicted of three or more than three murders to be considered for release on completion of 25 years of actual sentence and 30 years (with remission) of their life sentence.
Additional advocate general of UP Garima Parshad told the court that the case of some life convicts for premature release was already under consideration and will require three months to be finally processed. Considering the fact that the court was considering the case of only 512 prisoners and that there may be several such life convicts languishing in UP jails, the court directed that all those cases which are under consideration of the state government shall be decided within a month.
Giving priority to the life convicts who are aged 70 years and above or who are suffering from terminal ailments, the court directed their case to be considered and disposed of in two months. “All other cases of premature release be disposed of in four months.”
Since many of the convicts who approached the Court were also released on bail, the bench clarified that the said convicts shall remain on bail till their cases for release are decided by the state government.
For the convicts, advocates Rishi Malhotra and Anu Gupta along with other lawyers in their petitions relied on a premature release policy issued on August 1, 2018 by the state under the UP Prisoners’ Release on Probation Act. Every year, on Republic Day, the state granted remission to prisoners under Article 161 - the pardoning power of the Governor.
In January 2020, the petitioners became entitled for premature release as they had completed minimum 16 years of imprisonment under the 2018 policy. However, their names did not figure in the list of prisoners released in 2020 and 2021. On July 28, 2021, an amendment to the 2018 policy was issued restricting the benefit under the 2018 policy to prisoners aged 60 years and above. The new policy was applied retrospectively.
The convicts opposed the amended policy and said that by applying such a strict rule, all the convicts who are either young or middle-aged cannot be released till they attain 60 years.
Though the new policy removed the age criteria, it introduced certain changes. This included a grant of pardon to be given on 10 occasions in a year rather than one occasion of Republic Day (as per August 2018 policy). However, the new policy introduced discretion of the state by underlining that if the release of an eligible life convict is found to be detrimental to the larger public interest, the state government will have the right to refuse the release of such prisoner.
