Back
D. Y. CHANDRACHUD, SURYA KANT
Brij Bhushan – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. consideration for premature release eligibility. (Para 1 , 2) |
| 2. directing respondents for timely consideration. (Para 3) |
| 3. final order of petition disposal. (Para 4 , 5) |
ORDER :
1. In Dev Nath Singh vs. State of U.P., Writ Petition (Crl) No. 528 of 2021, a two-Judge Bench of this Court passed the following order on 21 February 2022:
“23. The Government of Uttar Pradesh on 16.12.2021 has decided that the prisoners convicted and undergoing sentence for life imprisonment who were earlier eligible for consideration under the un-amended premature release jail policy dated 01.08.2018, will still be considered for eligibility for premature release as per their eligibility before introduction of policy dated 28.07.2021.”
In view of the above, we direct the respondent to consider the case of the petitioner of pre mature release accordingly, within three months.
Writ Petition is disposed of accordingly.
Pending applications, if any, also stand disposed of.”
2. A similar order was passed by this Court on 11 March 2022 in Rajkumar vs. State of Uttar Pradesh, Writ Petition (Criminal) No. 36 of
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 State must adhere to its own legal provisions for considering cases of premature release in a fair and transparent manner.
(1) Premature release of life convicts – Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence by trial court – I....
The policy prevailing at the time of conviction is crucial for considering premature release of life convicts, and convicts opting to undergo sentence in open air jails are entitled to the benefit of....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
