Prior Criminal History, Conduct & Behaviour In Jail, Possible Danger To Society, Etc. Are Relevant Considerations While Considering Premature Release Plea: Supreme Court

The Supreme Court observed that applicant's prior criminal history, conduct and behaviour in jail, possible danger to society, etc. are relevant considerations while considering an application for premature release.

Such an application has to be considered on the basis of the policy as it stood on the date when the applicant was convicted of the offence, the bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath observed.

Sharafat Ali, who was convicted in a murder case, approached the Apex Court by filing a writ petition challenging the order rejecting his application for premature release. He had undergone 17 years, 9 months and 26 days of imprisonment and submitted an application for premature release. The order stated that if he is released prematurely, the possibility that this may cause resentment among the side of the victim cannot be ruled out nor can the possibility of an offence being committed again by him be excluded. The order also states that he has an "extremist nature" and the presence of bitterness among the parties cannot be denied. 

The court noted that the order contains general observations to the effect that the release may result in resentment on the side of the victim. But this is a general consideration which would govern virtually all criminal offences where a person stands convicted of a serious offence, the court noted.

The court observed that the order does not consider (1) whether he possesses any prior criminal history, save and except for the present case (2)  his conduct and behavior in jail and after he was convicted of the offence (3) whether the release of the petitioner would pose a danger to society ?   

The order which has been passed rejecting the application of the petitioner for premature release suffers from a complete and patent non-application of mind, the bench observed.

Allowing his writ petition, the bench directed that the application for premature release shall be reconsidered on the basis of the policy as it stood on 17 January 2005, when he was convicted. An order shall be passed after taking into account all relevant facts and circumstances including those which have been adverted to above, the court said.

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