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
- 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
- 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
- Articles 14, 21 and 161, Constitution of IndiaThe premature release policy issued under Article 161 must be applied objectively, transparently and to every eligible convict. Arbitrary or apathetic implementation impinges on the guarantees of equality and personal liberty. (¶¶ 2, 16, 17)
Held
- Once the State has framed a premature release policy, all eligible convicts must receive due consideration under it. Many life convicts lack the resources, literacy and social support needed to pursue remedies, and liberty cannot be made conditional on an individual's means. The general apathy observed in implementing such policies must end. (¶¶ 16, 17)
- All cases are to be considered under the policy of 1 August 2018 as amended. The age-60 condition introduced on 28 July 2021 was deleted on 27 May 2022, so no case may be rejected on that ground. Where any later amendment is more liberal, the convict is to get its benefit, including convicts outside the present batch. (¶¶ 6, 8, 9, 18)
- Because the policy requires no application and the 2021 amendment removed non-applicants from the prohibited category, the authorities must consider every eligible life convict in the State, not only the 512 petitioners. District Legal Services Authorities must coordinate with jail authorities, obtain status reports within eight weeks and annually, and monitor implementation. (¶¶ 4, 18)
- Pending processed cases must be decided within one month. Cases of convicts over 70 or terminally ill must be taken up on priority and decided within two months, and all others within four months under priorities fixed by the State Legal Services Authority. Interim bail already granted continues until decision. (¶ 18)
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.