The Supreme Court has decided to launch a pilot project in the states of Uttar Pradesh, Bihar and Chhattisgarh from August 1, 2021, to ensure timely decision on remission of life terms convicts from jails.
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta said the state governments should decide within a stipulated time to facilitate an aggrieved convict to challenge it before the court.
The court agreed with a submission from amicus curiae, advocate Gaurav Agrawal that it was difficult to have a uniform policy in view of there being different criteria involved in different States.
The court noted that there were four important aspects like timely identification of the eligible convicts; making applications by them with the help of the District Legal Services Authority; timelines for the application procedure and decision on the premature release on their plea. And, if the premature release applications are rejected by the state government, then legal aid will be provided to the said convict to decide whether the said rejection should be challenged in court or not.
The bench said, "One of the aspects we have emphasised is that there should be better coordination between the District Legal Services Authority and the jail authorities so that the entire burden does not fall on the jail authorities. The assistance of paralegals can also be obtained to facilitate the better working of the system. In addition, after the review boards have taken a call, some time frame has to be provided for the state government to take a decision."
"We consider it appropriate that the decision by the state government should be taken within a period of two months of the communication of the recommendation of the Review Board," the bench said.
Agrawal suggested that as a pilot project the timeline suggested for each step may be implemented in the States of Uttar Pradesh, Bihar and Chhattisgarh.
"This will facilitate gaining experience whether it can be applied across the board and if any modifications are required," he said.