SC issues contempt notice to UP DG Prisons for non-compliance of order on release of convicts

The court's earlier direction was to release convicts who have undergone more than 16 years of actual imprisonment, 20 years with remission

The Supreme Court has sought a response from Uttar Pradesh Director-General of Prisons on a contempt plea for non-compliance with the court's earlier direction to the state government to consider the premature release of convicts, who have undergone more than 16 years of actual imprisonment and 20 years with remission.

Appearing for a group of convicts, advocate Rishi Malhotra submitted before a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha that due to inaction of the state, the petitioners continued to languish in jails despite categorical orders passed by the apex court.

The counsel said though most of the 48 petitioners have been granted permission for release, the remaining cases have not been considered.

In an order passed on March 14, 2022, the apex court directed the Uttar Pradesh government and the prison authorities to consider the case of the petitioners for premature release within three months from the date of the order as per the policy dated August 1, 2018.

The bench sought response from DG, Prisons and put the matter for consideration on January 27.

Malhotra said petitioners had remained in jail despite prison authorities recommending their premature release, which amounted to a violation of their fundamental right to life and liberty under Article 21.

“This is nothing but clear infringement of their Fundamental Right guaranteed under Article 21 of the Constitution as well as illegal detention as the petitioners have already undergone much more than the prescribed sentence in judicial custody," the petition said.

The apex court, in a judgment in September last year, had issued several directions impacting the remission of nearly 500 convicts undergoing life imprisonment in Uttar Pradesh.

The UP government on August 1, 2018, issued a remission policy for prisoners undergoing life imprisonment. According to the government, for a lifer to be considered for premature release, the prisoner should undergo 16 years of actual sentence and 4 years of remission – 20 years of total sentence. The policy was amended subsequently in July 2021 with a rider that to be eligible, the convict must be above 60 years.

The top court had said that all cases for premature release of convicts undergoing imprisonment for life should be considered in terms of the policy dated August 1, 2018. It added that the restriction that a life convict is not eligible for premature release until attaining the age of 60 years, which was introduced by the policy of July 28, 2021, stands deleted by the amendment dated May 27, 2022. Hence, no case for premature release shall be rejected on that ground, it said.

The top court had said that there was no requirement for the convict to submit an application for premature release, and jail authorities must consider their cases automatically.