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RITU BAHRI, RAKESH THAPLIYAL
Suo Moto PIL: In the matter of Premature Release of the Convicts – Appellant
Versus
Principal Secretary, Home, Government of Uttarakhand – Respondent
JUDGMENT :
RITU BAHRI, C.J.
1. We have taken cognizance of the report submitted by Mr. Pradeep Kumar Mani, Member Secretary, Uttarakhand State Legal Services Authority, Nainital, concerning the inspection of the Central Jail in Sitarganj, District Udham Singh Nagar, conducted by the Hon'ble Chief Justice of the High Court of Uttarakhand, who also serves as the Hon'ble Patron-in-Chief of the Uttarakhand State Legal Services Authority, on 17.04.2024. During the inspection, the District Judge of Udham Singh Nagar, the Chief Judicial Magistrate of Udham Singh Nagar, the Secretary of the District Legal Services Authority, and officials from the Jail Authorities were present. During the inspection, several details were sought from the Jail Authorities, including: Information about prisoners who have been incarcerated for more than five years, details of prisoners convicted under Section 376 of the Indian Penal Code or the POCSO Act who claim to be married to the victim or have children, information on prisoners aged 70 years or above who have completed the sentences handed down by the
The court emphasized that the executive's discretion in granting premature release must be lawful and fair, directing reconsideration of cases for inmates not falling under prohibited categories.
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
The State must adhere to its own legal provisions for considering cases of premature release in a fair and transparent manner.
Commission of a jail offence is no legal ground to deny premature release to a convict, especially when the person has been punished for such a misconduct.
(1) Premature release of life convicts – Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence by trial court – I....
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The policy in effect at the time of conviction must be the primary consideration for determining premature release, unless a more liberal policy is subsequently adopted.
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