Supreme Court Asks Uttar Pradesh Government To Consider Premature Release Of 512 Life Convicts

The Supreme Court (SC) of India on Tuesday (September 6) directed the Uttar Pradesh (UP) Government to follow the criteria outlined in the state's 2018 policy when considering the premature release of 512 prisoners serving life sentences who have approached the top court.

A bench of Justices DY Chandrachud and Hima Kohli noted that the UP government's 2018 policy for the premature release of life convicts had been amended on July 28, 2021, and May 20, 2022, with many provisions liberalized.

The SC noted, "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".

Standing Policy: Premature Release Of Prisoners

According to an NDTV report, the bench stated that on August 1, 2018, the UP Government issued what is referred to 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 governor's approval under Article 161 of the Constitution.

The court noted that, under the 2018 policy, the Zonal Deputy Inspector General of Prisons was required to examine all proposals for premature release in light of the policy, ensuring that no eligible person was left out, and then submit the proposals to the Inspector General of Prisons by November 15.

It stated that upon receipt of the Inspector General's proposal, a committee would be formed in accordance with government policy to deal with all cases. It said that certain amendments were made in the 2018 policy on July 28, 2021, and it provided that the convict undergoing life imprisonment would not be released until they reached 60.

According to the bench, the condition of 60 years prompted the filing of several petitions before the apex court. It observed that the requirement of a minimum age of 60 years before a convict undergoing life imprisonment could be considered for premature release was removed in further amendments to the 2018 policy on May 27, 2022.

What Did The Court Observe?

The court ordered that the District Legal Services Authority (DLSA) of UP work with the jail authorities to ensure that all eligible prisoners are granted early release under the applicable policy.

While directing the authorities to consider the application for premature release as soon as possible, it also stated that no prisoner who is otherwise eligible to be considered should be excluded from the list. Advocate Rishi Malhotra and other lawyers represented the petitioners, while senior advocate Garima Prashad represented the UP government.

The court stated that the UP state legal service authority would establish priorities for the disposition of all pending cases.

The bench stated and added that convicts who are on bail or interim bail as a result of this court's orders will remain on bail or interim bail until their application for premature release is heard, ''all other cases shall be disposed of within four months". The bench noted that this batch of cases from UP involves convicts who are serving life sentences and seeking early release.

Also Read: Rajasthan: Rape Survivor Allegedly Thrashed By In-Laws After She Fails Virginity Test, Asked To Pay Rs 10 Lakh