Applicability Of UP Govt's New Policy On Premature Release On Those Prisoners Who Were Not Considered Under Old Policy: Supreme Court Issues Notice

The Supreme Court on Friday issued notice to the SUtate of UP on the issue whether the cases of those prisoners serving life-sentence which were required to be considered for premature release during the term of the earlier policy of August 1, 2018 but were not considered would yet be governed only by the new policy of July 28, 2021. "Prima facie, we are of the view that you are bound to consider these prisoners under the old policy. Because you did not consider them then, you cannot now say that they are now barred under the new policy", Justice DY Chandrachud told Senior Advocate Garima Prashad, AAG, state of UP.The bench, also comprising Justice A. S. Bopanna, permitted the state to file a counter-affidavit within a period of two weeks in response to the writ petitions moved by 103 convicts. The bench clarified that the counter-affidavit may be "specifically dealing with the issue of retrospectivily", and that the Court will not be going into the individual facts of the large number of prisoners, who have been impleaded as parties to these proceedings since ultimately, the case of each individual prisoner would have to be considered by the appropriate authority in accordance with law."The only question which has been raised in aid of the petition under Article 32 of the Constitution is in regard to the applicability of the new policy to those cases which were not considered in terms of the earlier policy of August 1, 2018", stated the bench.On Friday, Ms. Prashad said that cases of these prisoners were not considered as they had not applied for premature release as required under the 2018 policy of the State government framed under 161 of the Constitution, and that some amendments were brought in 2021 to the policy under which they do not need to apply and everyone who has touched 60 years of age will be considered for premature release.Under the amended policy, all the life term convicts suffering from 13 listed serious ailments will be considered for early release if their crime does not fall in listed categories of serious crime. It also provides for release of all male inmates who have completed 60 years of age and have completed a punishment of 16 years (without remission) and 20 years (with remission), if the crime committed by them is not covered in the list of serious crimes.[In another plea before the Supreme Court, challenge has been made to the amendment made by the State of UP in the policy, whereby an attempt has been made to defeat the rights of the convicts by restricting on the ground that only those convicts who have attained the age of 60 years or more would be given the benefit of the policy of 2018. The petitioners have argued that the earlier policy should apply to the petitioners as it is a settled law that it is a policy which was in existence at the time of conviction which would be applicable and not the policy which is applicable at the time of consideration for premature release of a convict.There,the Supreme Court granted ad-interim bail to 97 convicts lodged in two different jails of UP for over 20 years.]On Friday, the bench recorded that Advocate Rishi Malhotra, for the petitioners, has relied upon an order of November 16 passed in Murari Lodh and Others v. State of Uttar Pradesh and Others, in which, it has been directed by the top court that the state government would consider the cases for premature release, but clause 2(b) and 2(f) of the amended Policy of July, 2021, shall not be taken into account by the state. [In Murari Lodh, it was the case of the petitioners that they are in custody for more than 20 years and they are entitled to be released prematurely in terms of the Policy of August 1, 2018. They submitted that the above Policy has been amended on July 28 and that the Clauses 2(b) and 2(f) of the Policy, as amended, is not applicable to the petitioners, as it has no retrospective effect]On Friday, the bench further recorded that on August 1, 2018, a policy was framed by the government of UP with regard to the premature release of prisoners sentenced to life imprisonment, annually on the occasion of Republic Day. The policy, which was framed in exercise of the powers conferred by Article 161 of the Constitution, stipulated the procedure for considering the cases of prisoners serving a sentence of imprisonment for life. The policy was considered by this Court in an order dated May 4, 2021 in Beche Lal v. State of UP. The policy of 2018 has since been amended on July 28.BackgroundThe Supreme Court on May 4 told the state of UP to not deem as ineligible for consideration for premature release those life convicts who have not specifically applied for the relief, and obligated the state government to conduct periodical assessments to identify those who are so entitled.It may be noted that clause 3 (a) of the UP government's policy of August 1, 2018 (framed under Article 161) stipulates that where no application/prayer/representation requesting premature release is...

Applicability Of UP Govt's New Policy On Premature Release On Those Prisoners Who Were Not Considered Under Old Policy: Supreme Court Issues Notice

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