VidhiSangh

Supreme Court of India · 06/09/2022

RASHIDUL JAFAR @ CHOTA versus STATE OF UTTAR PRADESH & ANR

[2022] 8 S.C.R. 475 · 2022 INSC 932

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Summary

In a batch of Article 32 petitions, 512 life convicts in Uttar Pradesh sought premature release under the State's 1 August 2018 standing policy framed under Article 161. That policy allowed release after 16 years of actual and 20 years of remission-inclusive custody. A 28 July 2021 amendment barred release before the age of 60, but that bar was deleted on 27 May 2022. The Supreme Court held that the policy must be implemented objectively and transparently, failing which Articles 14 and 21 are breached. It directed that all cases be considered under the 2018 policy as amended, with no rejection on the ground of age. Any later, more liberal clause is to be applied. No application by the convict is required, and the duty to consider every eligible prisoner in the State lies on the authorities. The Court also set timelines and gave the DLSAs a monitoring role.

Issues

  1. How applications for premature release of life convicts in Uttar Pradesh are to be considered in view of the 2018 policy and its 2021 and 2022 amendments
  2. Whether eligible life convicts must apply for premature release, and what duties the State and the legal services authorities bear in ensuring consideration

Provisions considered

Held

Result

Writ petitions disposed of with directions to consider premature release of all eligible life convicts in Uttar Pradesh under the 2018 policy as amended, within the stipulated timelines, with monitoring by legal services authorities.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 475.