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D. Y. CHANDRACHUD, A. S. BOPANNA
Murari Lodh – Appellant
Versus
Awanish Kumar Awasthi – Respondent
| Table of Content |
|---|
| 1. status of convicts' premature release applications. (Para 1) |
| 2. court's directives for timely review of convicts' cases. (Para 2) |
| 3. verification of convict's release status. (Para 3) |
| 4. disposal of contempt petitions based on compliance. (Para 4 , 5 , 6) |
ORDER :
1. An affidavit has been filed by the Additional Chief Secretary (Home), Home Department of the Government of UP dated 12 July 2022. The affidavit clarifies that out of a total of 111 convicts covered by the group of six contempt petitions, orders for premature release have already been issued in 98 cases after a decision was taken at the competent level. The status pertaining to 111 cases is compiled in Annexure I to the affidavit. As regards the remaining 13 convicts (111 minus 98), the position has been clarified in the affidavit in the following terms:
5. That in one case the copy of the judgment of the Sessions Court is not received to consider premature release of the convict, hence the proposal has been returned to prison he
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 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 emphasized the importance of considering the eligibility for premature release of prisoners convicted and undergoing life imprisonment in accordance with the state's policy.
Premature release not a right; requires G.O. fulfillment or Advisory Board satisfaction; independent consideration per accused.
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