J&K&L High Court Initiates Suo Motu Case To Ensure Compliance With SC Directions On Remission Policies

The High Court of Jammu & Kashmir and Ladakh has registered a suo motu writ petition to monitor and supervise the implementation of remission and premature release policies in the Union Territories of Jammu & Kashmir and Ladakh.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order and noted that The Government of Jammu & Kashmir notified “Policy Guidelines for Remission/Premature Release of Life Convicts” vide Order No. 548-Home of 2025 dated November 17, 2025.The Union Territory of Ladakh incorporated provisions relating to remission in Chapter XVIII of the Ladakh Prison Manual, 2021, vide Order No. 66-Home of 2025 dated July 18, 2025.Notices were accepted on behalf of all respondents by the respective counsel, who sought short accommodation to obtain instructions and file responses.Appointment of Amicus CuriaeConsidering the importance of the matter involving supervision of remission and premature release policies, the Court appointed Senior Advocate Ms. Shivani Jalali and Advocate Ms. Mehreen Altaf as Amicus Curiae to assist the Bench. The Registry was directed to furnish complete paper books to the Amicus.The Supreme Court had issued comprehensive directions to all States and Union Territories regarding framing and implementation of policies for premature release and remission of convicts under Section 432 CrPC, corresponding to Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).The Apex Court directed that Cases of all eligible convicts be considered for premature release suo motu, without requiring a separate application.Orders granting or refusing remission must contain reasons and be communicated immediately to the convicts. Such communication must also be forwarded to the concerned District Legal Services Authority (DLSA).States and UTs without a remission policy must frame one within two months.Legal Services Authorities must ensure implementation of the NALSA Standard Operating Procedure (SOP).Subsequently, on April 25, 2025, the Supreme Court sought compliance affidavits from States and UTs, and on November 14, 2025, directed all High Courts to register suo motu writ petitions for monitoring compliance and to file affidavits before the Supreme Court on or before January 20, 2026.Court on its own motion vs Nemo, 2025.Click Here To Read/Download Order

J&K&L High Court Initiates Suo Motu Case To Ensure Compliance With SC Directions On Remission Policies

Aleem Syeed

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