Supreme Court Requests NALSA To Consider Issuing Country-Wide SOP For Protecting Rights Of Convicts To Secure Pre-Mature Release

The Supreme Court on Friday requested the NALSA to consider issuing a uniform country-wide SOP for protecting the rights of convicts to secure pre-mature release in accordance with the provisions of law.

The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing SLPs lodged from jail against the judgment of the High Court confirming the conviction of the petitioners under Section 302 read with Section 34 of the IPC. Dr Rajiv Nanda, advocate, was nominated by the Registry of this Court as Amicus Curiae in the matter.

The bench expressed that the facts which have been drawn to its attention in the present case would merit a general direction. Accordingly, the bench has directed that the UP State Legal Services Authority shall ensure that its panel lawyers visit every jail within the State of UP and after due scrutiny of the nature of the conviction, the term of sentence and the sentence undergone, advise the convicts and assist them in drafting appropriate representations so as to enable them to pursue their remedies in respect of pre-mature release in accordance with the law.

"Once such applications are filed, they shall be disposed of by the competent authority within a period of three months from the date of receipt", added the bench.

The Court required a copy of this order to be forwarded to (i) the UP State Legal Services Authority; (ii) the Secretary of the National Legal Services Authority; and (iii) The State Legal Services Authorities.

Moreover, the bench requested the NALSA "to consider issuing a uniform country-wide SOP for protecting the rights of similarly placed convicts to secure pre-mature release in accordance with the provisions of law". In pursuance of this, Dr. Nanda is requested to continue to assist the court on the above issues and to seek further directions by filing an IA.

In the facts and circumstances of the SLPs, after hearing the Amicus, the bench found no error in the impugned judgment and dismissed the SLPs.

However, the bench noted that the custody certificate issued by the Senior Jail Superintendent, Central Jail Agra of June 26, 2021 indicates that the actual sentence which has been undergone is 15 years 11 months and 22 days without remission and 19 years 1 month and 22 days with remission as on June 26, 2021.

In view of the above, the bench directed the Senior Jail Superintendent, Central Jail Agra to inform the applicant – convict of his right to submit an application for pre-mature release in accordance with the applicable rules and regulations.

"In the event that any legal aid or assistance for that purpose is required, the Senior Jail Superintendent shall intimate the District Legal Services Authority within two weeks of the receipt of this order. The DLSA shall make available the requisite assistance so that the petitioner is in a position to submit an application for premature release. Upon such an application being filed, it shall be disposed of within a period of three months by the competent authority in accordance with the rules and regulations", the bench further ordered.

Case Title: Kadir v. The State of Uttar Pradesh

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