Dev Nath Singh vs State of U. P. - 2022 Supreme(SC) 1935

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Advocates:
Advocate Appeared:
For the Petitioner: Rishi Malhotra.
For the Respondent: Vishnu Shankar Jain.

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.

Table of Content
1. prisoners' eligibility for premature release (Para 1)
2. court orders consideration of premature release (Para 2)
3. writ petition and applications disposed of (Para 3 , 4)

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.

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