New Delhi: The Supreme Court Tuesday asked the Uttar Pradesh government to follow the criteria laid down in its 2018 policy while considering within four months the issue of premature release of 512 prisoners who are serving life imprisonment and have moved the apex court.
A bench of Justices DY Chandrachud and Hima Kohli noted that the State government’s 2018 policy for premature release of life convicts has been amended on July 28, 2021, and May 2022, and many provisions have been liberalised.
The top court noted all the life convicts who are before it seeking premature release were convicted before the policy of 2018 and as per earlier verdicts, the plea has to be considered based on the policy as stood on the day when they were convicted of the offence by the trial court.
“We accordingly direct that all the cases for premature release of the convicts undergoing imprisonment for life in the present batch of cases, shall be considered in terms of policy dated August 1, 2018”, it said.
“The policy dated August 1, 2018, clarifies and makes it clear that no application was required to be submitted undergoing life imprisonment and the procedure for premature release will be considered by the authorities with the eligibility of every prisoner undergoing imprisonment for life”, it said.
The bench said that the District Legal Services Authority (DLSA) of UP shall take necessary steps with the jail authorities to ensure that all eligible cases of prisoners would be entitled to premature release in terms of the applicable policy.
“No prisoner who is otherwise eligible to be considered shall be excluded from the list”, it said, while directing the authorities that the application for premature release shall be considered expeditiously.
Advocate Rishi Malhotra and other lawyers appeared for petitioners while senior advocate Garima Prashad, appeared for the UP government.
It said that the UP state legal service authority shall lay down the priorities according to which all pending cases shall be disposed of.
“Those cases, which have already been processed and a report has been submitted shall be dealt with expeditiously within a period of one month from the date of this order”, it said.
Taking the generous view, the bench said that the case of eligible life convicts, who are above the age of 70 and are suffering from a terminal illness, shall be taken up on priority and shall be disposed of within two months.
“All other cases shall be disposed of within four months”, the bench said and added that convicts, who are on bail or interim bail as per the orders of this court shall continue to remain on bail or interim bail till their application for premature release is considered.
The bench noted that this batch of cases emanating from UP relates to the convicts, who are undergoing imprisonment for life and seeking premature relief.
It noted that on August 1, 2018, the government of UP issued what is described as a “standing policy regarding the premature release of prisoners sentenced to life imprisonment on the occasion of every Republic Day (January 26)”.
The policy was issued with the approval of the governor under Article 161 of the Constitution.
It noted that under the 2018 policy, the Zonal Deputy Inspector General of Prison was required to examine all proposals for premature release in the light of the policy, to ensure that no eligible person is left out, and then submit the proposals to the Inspector General of prisons by November 15.
It said that a committee was to be constituted in terms of the policy at the level of government for dealing with all the cases upon the receipt of the proposal from the Inspector General.
“The committee was required to submit its recommendation of premature release of convicts sentenced to life by December 15, every year on which the government was to take the decision as prescribed in the policy”, it noted.
It noted certain amendments were brought in the 2018 policy on July 28, 2021, and it was provided that the convict undergoing imprisonment for life would not be released until attaining the age of 60 years.
The bench said that the condition of 60 years led to the filing of several petitions before the top court.
“In several judgements of this court including Haryana versus Jagdish (2010) it has been held that an application for premature release has to be considered based on the policy, as stood on the day when the accused were convicted of the offence by the trial court”, it said.
It noted that in further amendments to the 2018 policy on May 27, 2022, the requirement of the minimum age of 60 years before a convict undergoing life imprisonment could be considered for premature release has been removed.
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