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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Rajkumar – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. In these proceedings, the specific cause for the Miscellaneous Application is that despite the previous orders of this Court, the case for remission/pre-mature release of fifty convicts has not been considered by the competent authority in the State of Uttar Pradesh.
2. Concerned as we are with the compliance of the order of this Court, an additional aspect which needs to be noted is that in its judgment in Rashidul Jafar @ Chota v State of Uttar Pradesh [Writ Petition (Crl) No 336 of 2019 decided on 6 September 2022], this Court had expressly clarified that the State is duty bound to consider applications for pre-mature release in terms of its own policy without an application being required to be filed.
3. The Director General of State of Uttar Pradesh shall file a personal affidavit before this Court setting out the following details:
(i). The steps which have been taken in pursuance of the decision of this Court in Rashidul Jafar @ Chota (supra) for considering cases for premature release and the institutional arrangements which have been put into place;
(ii). How many convicts are eligible for being considered for pre-mature release, district-wise, in the State of Uttar Pr
The duty of the State to consider applications for pre-mature release in accordance with its own policy without requiring a formal application to be filed.
The State must adhere to its own legal provisions for considering cases of premature release in a fair and transparent manner.
The court emphasized the importance of considering the eligibility for premature release of prisoners convicted and undergoing life imprisonment in accordance with the state's policy.
The Committee for premature release must meet regularly to timely consider applications; failure to do so infringes the rights of convicts entitled to such reviews.
The court established that life convicts' applications for premature release must be processed promptly, requiring the committee to meet every two months.
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