Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts

The Supreme Court on Tuesday recently the State of Uttar Pradesh to pay a cost Rs.10,000/- to all four persons whose premature release directed by the Apex Court had been delayed by the state.

A division bench of Justice Abhay S Oka and Justice Sanjay Karol imposed costs stating that there was no explanation from the authorities for the long delay in releasing the convicts.   

On 21st April 2023, the Supreme Court had directed premature release of 4 convicts who had spent over 20 years in jail for killing three persons, on the ground that they were of advanced age and taking into consideration their long period of incarceration. The Apex Court had directed them to be released within 2 weeks from the date of the order.

The Court in its order dated 21st April, 2023 had said:

“we are of the considered opinion that petitioners are entitled to be released on probation in terms of Section 2 of Uttar Pradesh Prisoners Release on Pobation Act, 1938, within a period of two weeks from the date of this order. The respondent State shall be at liberty to impose condition as it may deem fit to balance public safety with individual liberty,”

However, the authorities had failed to comply with the direction of the Top Court and contempt proceedings were initiated against them. When the matter came up before the Court on Tuesday, a compliance affidavit stating that the petitioners had been release had been filed. However the Court noted that there was no explanation as to why there was a delay in complying with the order of the Court:

“In the compliance affidavit, there is absolutely no explanation for such a long delay. We may note here that the respondents did not apply to this Court for grant of extension of time.

Though no further action under the Contempt of Court Act, 1971 deserves to be initiated against the respondents, we direct the State of Uttar Pradesh to pay costs quantified at Rs.10,000/- (Rupees ten thousand) to each petitioner within a period of one month from today.” The Court stated in its order while closing the contempt petition.

The petitioners had approached the Apex Court seeking their premature release after authorities had rejected their prayer for release under Probation Act, 1938 read with Rule 4 of Uttar Pradesh Prisoners Release on Probation Rules – 1938.

The petitioners had been convicted by the trial court under Section 302 r/w 149 I.P.C for which they were sentenced to rigorous imprisonment for life. They were also convicted under Section 307 r/w Section 149 I.P.C for which they were sentenced to 7 years of rigorous imprisonment. They were also sentenced to two years rigorous imprisonment under Section 148 I.P.C. The order of the trial court had later been affirmed by the High Court.

The petitioners had approached the Apex Court on the ground that they had already been incarcerated between 24 to 26 years. The Apex Court had while ordering their premature release also took into account their advanced age:

“In the case at hand, we have also taken notice of the fact apart from long period of incarceration of petitioners ranging between 24 to 25 years and the fact that petitioners are of advanced age. Petitioner nos. 1 and 2 are almost 63 years old, petitioner no. 3 is aged 81 years and petitioner no. 4 is aged 54 years.” The Apex Court had stated in its 21st April order.

Case Title: Mahendra V. Rajesh Kumar Singh, Contempt Petition (Civil) No.1034 Of 2023 In Writ Petition (Criminal) No.173 Of 2022

Citation : 2023 LiveLaw (SC) 588

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