Rajkumar vs State of Uttar Pradesh - 2022 Supreme(SC) 1943

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1943

SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, SURYA KANT, JJ.
Rajkumar and Others – Petitioners
Versus
The State of Uttar Pradesh and Others – Respondents
Writ Petition (Criminal) No. 36 of 2022
Decided On : 11-03-2022

Advocates:
Advocate Appeared:
For the Petitioners: Nagendra Singh, Ashish Pandey, V. Maheshwari.
For the Respondents: Preetika Dwivedi, Vishnu Shankar Jain, Marbiang N. Khongwir.

Headnote:(A) Criminal Procedure - Identification of prisoners for premature release - Uttar Pradesh Government's policy dated 16.12.2021 clarifies that prisoners serving life sentences can be considered for release under prior eligibility criteria before the policy dated 28.07.2021. (Paras 1-4)

(B) Writ Petition - Submission of representations - Court permits petitioners to submit fresh representations for consideration by competent authority within three months. (Paras 2-4)

Facts of the case:
Petitioners are prisoners convicted and seeking premature release under the amended policy. The clarification provided allows their grievances to be addressed.

Findings of Court:
The court directs that representations for premature release be considered expeditiously, ensuring communication of orders within three months.

Issues: The main issue addressed is the eligibility of life-sentenced prisoners for premature release under the clarified policy.

Ratio Decidendi: The court emphasizes the importance of ensuring timely consideration of representation regarding eligible prisoners as per the clarified policy.

Result: Petition disposed of as per the terms mandated.

Table of Content
1. prisoners' eligibility for premature release clarified. (Para 1)
2. counsels agree to consider petitioners' representations. (Para 2 , 3)
3. petitioners permitted to submit representations. (Para 4)
4. petition disposed of as per statements made. (Para 5 , 6)

ORDER :

1. An affidavit has been filed by the Superintendent of Jail, District Jail, Ghaziabad, inter-alia, stating that:

“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 01.8.2018, will still be considered for eligibility for premature release as per their eligibility before introduction of policy dated 28.07.2021.”

2. Mr. Nagendra Singh, counsel appearing on behalf of the petitioners, states that the above clarification would resolve the grievance of the petitioners and their representations may now be directed to be considered by the competent authority expeditiously.

3. Ms. Preetika Dwivedi, counsel appearing on behalf of the respondents, states that if the petitioners submit fresh representations, the representations shall be considered within a period of three months.

4. We accordingly permit the petitioners to submit representations for their release. The representations shall be considered and disposed of in terms of the statement which has been made in the counter affidavit expeditiously and orders communicated in any event within a period of three months of the date of receipt of a certified copy of this order by the competent authority.

5. The petition is accordingly disposed of in the above terms.

6. Pending application, if any, stands disposed of.

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