1. Premature release of life convicts — Eligibility under un-amended jail policy versus amended policy. (Para 1 )
Back
Next 
2022 Supreme(SC) 1935
SUPREME COURT OF INDIA
S. ABDUL NAZEER, KRISHNA MURARI, JJ.
Dev Nath Singh and Others – Petitioners
Versus
State of U.P. and Another – Respondents
Writ Petition (Criminal) No. 528 of 2021
Decided On : 21-02-2022
Important Points
The Court directed the State of Uttar Pradesh to consider the petitioners' premature release based on the government's decision to maintain eligibility for those qualified under the un-amended jail policy dated 01.08.2018, notwithstanding the introduction of the subsequent policy dated 28.07.2021.
Subject
Criminal Law - Prison Law
Headnote
(A) Penal Code - Premature release policy - The Government of Uttar Pradesh affirmed the eligibility of prisoners for consideration of premature release under the un-amended policy dated 01.08.2018, despite the introduction of a new policy on 28.07.2021. (Paragraph 1)
(B) Writ Jurisdiction - The court ordered the respondent to consider the petitioner's case for premature release within three months, noting the previously established eligibility criteria. (Paragraph 2)
Facts of the case:
The petitioners sought consideration for premature release under older policy guidelines, as articulated in the counter affidavit from the State.
Findings of Court:
The court recognized the necessity for the respondent to act on the previous eligibility terms for premature release.
Issues: Whether the prisoners are to be considered under the un-amended premature release policy or the new guidelines.
Ratio Decidendi: The court emphasized adherence to previously set eligibility criteria for prisoners in light of newer policy changes, mandating action within a specific timeframe.
Result: Writ Petition disposed of with directions to consider the case.
(B) Writ Jurisdiction - The court ordered the respondent to consider the petitioner's case for premature release within three months, noting the previously established eligibility criteria. (Paragraph 2)
Facts of the case:
The petitioners sought consideration for premature release under older policy guidelines, as articulated in the counter affidavit from the State.
Findings of Court:
The court recognized the necessity for the respondent to act on the previous eligibility terms for premature release.
Issues: Whether the prisoners are to be considered under the un-amended premature release policy or the new guidelines.
Ratio Decidendi: The court emphasized adherence to previously set eligibility criteria for prisoners in light of newer policy changes, mandating action within a specific timeframe.
Result: Writ Petition disposed of with directions to consider the case.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondent: Vishnu Shankar Jain.
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondent: Vishnu Shankar Jain.
Table of Contents
2. Eligibility for premature release under a prior jail policy despite the introduction of a subsequent amended policy. (Para 1 )
3. The State government decided that life convicts eligible under the un-amended premature release policy remain eligible for consideration. (Para 1 )
4. Eligibility for premature release under a prior policy is preserved if the State government explicitly decides to maintain such eligibility. (Para 1 )
5. Respondent directed to consider the petitioner's case for premature release within three months. (Para 2 )
6. Does a new premature release policy automatically override eligibility established under a previous policy?
No, if the government decides that prisoners who were eligible for consideration under an un-amended premature release policy will still be considered based on their eligibility prior to the introduction of the new policy. (Para 1 )
ORDER :
1. Respondent-State of Uttar Pradesh has filed counter affidavit inter-alia stating as under:
“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.”
2. In view of the above, we direct the respondent to consider the case of the petitioner of pre mature release accordingly, within three months.
3. Writ Petition is disposed of accordingly.
4. Pending applications, if any, also stand disposed of.
