VidhiSangh

Supreme Court of India · 06/02/2023

RAJKUMAR versus THE STATE OF UTTAR PRADESH

[2023] 6 S.C.R. 412 · 2023 INSC 718

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Summary

Despite the directions in Rashidul Jafar on premature release of life convicts in Uttar Pradesh, eligible convicts kept petitioning the Supreme Court because their cases were not being considered; the Director General of Prisons' affidavit showed 2,228 lifers eligible after fourteen years and forty-two of fifty grievances before the Court still pending at various levels, and the amicus showed that for pre-2018 convictions the authorities awaited sixteen years instead of applying the fourteen-year rule in force at conviction. The Court held that the State is bound by its own Rules and policy, that each case is decided on the law at conviction subject to a more beneficial later policy, and that an arbitrary pick-and-choose approach hurts the poorest; all pending cases were to be decided by 30 April 2023.

Issues

  1. Whether the State of Uttar Pradesh may defer consideration of premature release of life convicts eligible under the Rules and policy in force on the date of their conviction by applying a later, more restrictive requirement.

Provisions considered

Held

Result

Directions issued; all pending cases for premature release to be disposed of on or before 30.04.2023 in terms of the Court's directions, with a compliance affidavit by the Director General of Prisons; Miscellaneous Application listed for verification of compliance on 04.05.2023.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 412.