Compliance with court orders and Government Orders is essential to ensure the timely consideration of premature release matters for convicts in jail for more than 14 years.

Amar Saran and Kalimullah Khan, JJ.

1. We have heard Shri Sudhir Mehrotra, learned Special Counsel for the High Court, Shri Akhilesh Singh, learned Government Advocate, Shri Vimlendu Tripathi, learned Additional Government Advocate and Shri Patanjali Mishra, learned Amicus Curiae appointed by this Court. Shri R.N. Pandey, Additional LR, Shri Tej Pratap Tiwari, Secretary, U.P. State Legal Services Authority (UP-SLSA), Shri Vireshwar Singh, Special Secretary, Home, Shri M.L. Prakash, ADG (Prison), Dr. R.M. Srivastava, Joint Director Personnel and Shri Ambrish Gaur, Senior Jail Superintendent, Central Jail, Naini, Allahabad are present.

2. A common affidavit of compliance on behalf of the Home Department/IG Prison, Government of UP has been filed pursuant to the order dated 26.3.2014.

Directions for convicts in jail for more than 14 years whose cases were to be considered for premature release.

3. We would like to record our appreciation of the fact that in respect of the directions on the aforesaid matter in the order dated 26.3.2014, the Home Secretary, Government of Uttar Pradesh has issued 3 Government Orders dated 7.4.2014 addressed to the IG (Prison), all the District Magistrates, all Senior Superintendents of Police/Superintendents of Police, all District Probation Officers, U.P. and all the Superintendents of Jails.

4. The First G.O. (Annexure 1) notes that so far as the 1157 convicted prisoners, whose Forms 'A' and nominal roles for premature release are pending at various levels, regarding which this Court had expressed its disappointment that the earlier Government Order dated 6.9.2004 prescribing the time schedule in these matters was not being followed at various levels. For future non-compliance of the Government Order dated 6.9.2004 at any level, an explanation would be called for from the concerned functionaries regarding the delays at their level.

5. Regarding non-disposal of premature release matters due to non-availability of judgments/orders, which was noted in our previous order dated 26.3.2014, another Government Order dated 7.4.2014 (Annexure 2) has been issued, which mentions that so far as the 153 above 70 year old convicted prisoners, who have undergone more than 14 years imprisonment, their applications in Forms 'A', nominal roles and mercy petitions for premature release, are to be considered within three months. In case refusal is ordered, then concrete reasons be furnished for the same. It was further clarified that in those cases where the Courts' orders/judgments were not available in the prisons delaying disposals of Forms A or nominal roles, the said judgments should be obtained from the Registrar General or the concerned District Judges within two weeks. All the required details and other formalities are to be completed and a joint meeting of the District Magistrates, SSP/SPs and Jail Superintendents be held in the jail or other premises within six weeks. In this context the Government Order directs that for compliance of the High Court's order 26.3.2014, the results of the proceedings for considering the Forms 'A', nominal roles and mercy petitions be communicated to the Government within two months so that appropriate steps could be taken.

6. We would like to further direct here that after conviction whilst one free copy of the judgment is handed over to the convict who usually hurriedly hands it over to his Counsel for filing the appeal in the High Court, another photocopy or true copy be directly sent to the jail authorities for their record. All me District Judges, the Registry and the UPSLSA are to ensure compliance of this direction and to submit compliance reports on the next listing.

7. In its earlier order dated 26.3.14 this Court had noted with dismay, that the reason for the non-disposal of many applications in Forms A, was the death or non-availability of guardians of old prisoners, who had undergone over 14 years in prison, consequently resulting in the prolonged detention of the c