JUDGMENT

Dr Dhananjaya Y Chandrachud, J.

1. In this batch of cases which emanates from Uttar Pradesh, five hundred and twelve convicts who are undergoing a sentence of imprisonment for life seek premature release.

2. On 1 August 2018, the Government of Uttar Pradesh issued a policy governing premature release of convicts with the approval of the Governor under Article 161 of the Constitution. The policy is described as a “Standing Policy regarding premature release of prisoners sentenced to life imprisonment on the occasion of every Republic Day (26th January)”. The policy sets out categories of convicts entitled to premature release. Among those categories is para 2(b). The translation provided by the Additional Advocate General is extracted below:

“2(b). All male convicted prisoners sentenced to imprisonment for life whose crime is not covered by any of the sub-rule under prohibited category defined in para-3 below and who have undergone, including undertrial custody, sentence of 16 years without remission and 20 years with remission.”

3. ‘Prohibited categories’ are spelt out in para 3 of the policy. Clause (vi) of the prohibited categories is set out below:

“(vi) All such convicted