Supreme Court Issues Contempt Notice To UP DG Prisons For Non-Compliance Of Directions On Premature Release Of Prisoners

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice in a contempt petition filed against the Uttar Pradesh Director General of Prisons (DGP). The petition had alleged that the DGP did not comply with the earlier orders of the Apex Court issuing strict directions to the DGP of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission were duly considered.

The counsel for petitioner, Advocate Rishi Malhotra, argued that the directions of the court had yet not been complied with. CJI DY Chandrachud, while dictating the order said–

"On 14th March 2022, this court had directed the respondent, the State of UP to consider the case of petitioners for premature release within a period of three months. Though most of the 48 petitioners have been granted permit for release, the remaining cases have not been considered. Thereafter, in a contempt petition, this court passed an order on 21st October 2022 for the consideration of cases in 6 weeks, inspite of which the compliance has not been effected. On next Friday the petitioner shall serve an additional copy of the hearings. Issue notice returnable on next Friday. An additional copy of the paper book shall be issued to his Ms. Garima Prasad, ASG for the State of Uttar Pradesh. The presence of DGP is presently dispensed with."

Earlier, the court had issued strict directions to the Director General of Prisons of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission are duly considered in another matter. It had also asked for an affidavit from the DGP 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.

Case Title: MOHD. NURULLA AND ANR. v. RAJESH KUMAR SINGH AND ANR. | CONMT.PET.(C) No. 18/2023 in CONMT.PET.(C) No. 590/2022 in W.P.(Crl.) No. 70/2022

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