"Prima Facie Unsustainable" : SC Asks UP Govt To Re-examine Premature Release Policy Prescribing Minimum Age Of 60 Years

The Supreme Court has asked the Uttar Pradesh Government to re-examine its policy for pre-mature release prescribing a minimum age of 60 years.

As per the prevailing policy, convicts "who have completed age of 60 years" and have undergone custody of 20 years without remission and 25 years with remission, are eligible to be considered for premature release.

The court said this policy does not seem to be sustainable since it implies that a young offender of 20 years will have to serve 40 years before his case for remission can be considered.

The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while disposing a writ petition filed by one convict named Mata Prasad for a direction for consideration of his case for premature release from prison as per the policy dated 01.8.2018.  

Mata Prasad, was convicted in a murder case and was sentenced to maximum imprisonment for life. The Sessions court had passed this judgment in 2004 and his appeal before the Allahabad High Court is still pending adjudication. His contention was that the Government in the years 2018-2021 released 1000 of prisoners from the various jails of U.P. under the policy dated 01.8.2018. and despite having satisfied all terms and conditions for premature release under the said policy, his proposal for release was recommended on the occasion of 26.1.2020 i.e., two years back but he has still not been released

Through its counter affidavit, the State brought to the notice of the bench that the said Policy for pre-mature release  stands amended on 28.7.2021. Relying on State of Haryana & 3 Ors. V. Raj Kumar @ Bittu reported as 2021 (9) SCC 292, the petitioner contended that the policy prevalent at time of conviction shall be taken into consideration for considering the pre-mature release of a prisoner. He submitted that 2021 policy prescribing the age of 60 years as the minimum age could not apply to his case.

"We are really not required to go into this aspect in view of the aforesaid but would like to express a great doubt on the validity of this clause prescribing a minimum age of 60 years which would imply that a young offender of 20 years will have to serve 40 years before his case for remission can be considered. Though we are not required to test this aspect, we call upon the State Government to re-examine this part of the Policy which prima-facie does not seems to be sustainable more so in view of the illustration we have just noted above and thus we call upon the State Government to take a fresh look at the insertion of this clause. The needful be done within four months from today.", the court said.

The court noted that, as on date, the petitioner has already served about 22½ years without remission and almost 28 years with remission. While granting him bail, the bench also directed the consideration of the case of the petitioner for remission within three months.

Case name: Mata Prasad vs State of UP

Citation: 2022 LiveLaw (SC) 118

Case no.|date: WP(Crl) 256 of 2018 | 31 Jan 2022

Coram: Justices Sanjay Kishan Kaul and MM Sundresh

Counsel: AOR Mohd. Irshad Hanif for petitioner, AAG Ardhendhumauli Kumar Prasad for respondent state

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