Premature release of life convicts: Supreme Court seeks personal affidavit from Uttar Pradesh DG of Prisons

The Supreme Court on Thursday sought through a personal affidavit the stand of the Uttar Pradesh Director General of Prisons on whether the State had complied with a 2022 judgment directing it to consider the premature release of certain prisoners in line with a 2018 policy. (Rajkumar vs State of Uttar Pradesh).A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha also issued notice to the Uttar Pradesh State Legal Services Authority."We will ask the State Legal Services to visit all prisons and find out about all such inmates etc. We will streamline it," the CJI orally remarked. .The following details were sought by way of a personal affidavit:1. Number of steps taken in pursuance of the judgment in Rashidul Jafar v. State of Uttar Pradesh and the institutional arrangements put in place;2. How many convicts are eligible for premature release district-wise; 3. How many cases have been considered for premature release since the judgment of Rashidul Zafar;4. How many cases are pending;5. Time period by when cases will be considered..The Bench referred to the Standing Policy regarding premature release of prisoners sentenced to life imprisonment on the occasion of every Republic Day (26th January) issued in August 2018. The policy set out categories of convicts entitled to premature release..Today's order seeking an affidavit on compliance was passed in relation to a decision of the top court rendered on September 6, 2022.The decision stated that all cases of convicts undergoing life sentence in the State who were eligible to be considered for premature release in terms of the policy were to be considered in terms of the procedure stipulated in the policy. "All decisions of premature release of convicts, including those, beyond the present batch of cases would be entitled to such a beneficial reading of the policy," the Bench of Justices DY Chandrachud and Hima Kohli had held in that judgment..It was also ordered that no application was required to be submitted by a convict undergoing life imprisonment for premature release. Additionally, the District Legal Services Authority of the State, in coordination with the jail authorities, was asked to take necessary steps to ensure that all eligible cases of prisoners entitled to premature release were duly considered.Advocate Rishi Malhotra was appointed Amicus Curiae in the matter..[Read our live coverage of the hearing below].Advocates Nagendra Singh, Ashish Pandey, Prateek Rai, Sanjay Gupta, and Amardeep Gaur instructed by V Maheshwari & Co appeared for the petitioner. Additional Advocate Genreal Preetika Dewedi with advocates Vishnu Shankar Jain and Ardhendumauli Kumar Prasad appeared for the State. [Read order]