E-Paper
Consider uniform rule on early release of convicts, SC asks NALSA
A bench of Justices Dhananjaya Y Chandrachud and MR Shah said, “NALSA is requested to consider issuing a uniform country-wide standard operating practice (SOP) for protecting the rights of similarly placed convicts to secure premature release in accordance with the provisions of law.”
The Supreme Court on Friday asked the National Legal Services Authority (NALSA) to consider a uniform policy to be put in place to secure premature release for life convicts who have completed 14 years in jail.
A bench of Justices Dhananjaya Y Chandrachud and MR Shah said, “NALSA is requested to consider issuing a uniform country-wide standard operating practice (SOP) for protecting the rights of similarly placed convicts to secure premature release in accordance with the provisions of law.”
The Court was dealing with an appeal of a murder convict lodged in Central Jail, Agra in Uttar Pradesh, who had already spent close to 16 years in prison but was not aware of his right to apply for premature release or remission of his sentence after completion of 14 years sentence.
This power to grant remission is provided under Section 433A of the Code of Criminal Procedure which states, “Where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.”
As no lawyer was appearing for the convict, the Court appointed advocate Rajiv Nanda as amicus curiae (friend of the Court) to prepare his defence. The Court was convinced that the conviction was rightly awarded by the trial court and Allahabad High Court under Sections 302 (murder) and 34 (common intention) of the Indian Penal Code (IPC) against the petitioner Kadir. While parting with the case, Nanda pointed out that as per the custody certificate issued by the Senior Jail Superintendent at Agra Central Jail, the convict had spent an actual sentence of 15 years, 11 months and 22 days as of 26 June 2021.
Nanda pointed out that a deeper malaise prevailed in the system as the jail authorities were indifferent towards helping the convict in applying for premature release. The bench directed the jail authorities to inform the convict of his legal right under Section 433A and directed the District Legal Services Authority to provide the requisite legal assistance to the prisoner. Upon such an application being made for premature release, the Court directed the concerned Sentence Review Board to decide within three months under the relevant rules and regulations.
The Court went on to pass another general direction by asking the Uttar Pradesh State Legal Services Authority’s panel lawyers to visit every jail within the state and, after due scrutiny of the nature of the conviction, the term of sentence and the sentence undergone, advise the convicts and assist them in drafting appropriate representations to enable them to pursue their remedies for premature release under the CrPC. In all such cases too, the bench held that applications for premature release will be decided by the competent authority within three months.
The Court directed the order to be sent to NALSA, the UP State Legal Services Authority, and all State Legal Services Authorities.
Last month, the issue of prisoners languishing in prison without availing remedy for premature release was considered by another bench of the Supreme Court, which directed the states of Uttar Pradesh, Bihar and Chhattisgarh to decide within eight months of all applications for premature release of life convicts who have undergone 14 years behind bars.
This was under a scheme prepared by NALSA which involved a three-step process – three months for prison authorities to identify and collect data about eligible prisoners, three months for the Sentence Review Board to give its decision, and two months for the state government to pass final orders.
According to NALSA, over 1,649 prisoners are languishing in prisons awaiting a decision on their premature release requests. Besides, 431 prisoners were eligible to file a request for a premature release but had not applied to date. Since remission policies varied from state to state, the Court directed NALSA to study the various state policies and come out with a uniform scheme to deal with premature release applications.
