Supreme Court Seeks Personal Affidavit Of UP DG Prisons On Compliance Of Directions Regarding Premature Release Of Life Convicts

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha directed the Director General (Prisons) of the State of Uttar Pradesh to file a personal affidavit showing steps taken in pursuance of the judgement in Rashidul Jafar v. State of UP, in which a slew of directions were issued regarding remission of prisoners. The issue arose in a matter pertaining to remission of around 50 convicts in the State of Uttar Pradesh. As per the court's judgement in Rashdil Jafar, remission is to be considered without application as soon as a convict is eligible for the same.

While passing directions in the case, CJI DY Chandrachud directed the Director General of the State of Uttar Pradesh to file a personal affidavit setting out the following–

1. Number of steps taken in pursuance of the judgment in Rashidul Jafar v. State of UP and the institutional arrangements put in place;

2. How many convicts are eligible for premature release district wise in the State of UP?

3. How many cases have been considered for premature release since the judgment of Rashidul Zafar v. State of UP?

4. How many cases pending for consideration for premature release since the judgment of Rashidul Zafar v. State of UP?

5. The time period by when such cases will be considered.

The court also issued notice to the Uttar Pradesh State Legal Services Authority in the matter.  The Court also appointed Advocate Rishi Malhotra as an amicus curiae.

For context, the Apex Court, in Rashidul Jafar v. State of UP had stated that the District Legal Services Authorities in the State of Uttar Pradesh shall take necessary steps in coordination with the jail authorities to ensure that all eligible cases of prisoners who would be entitled to premature release in terms of the applicable policies would be duly considered and no prisoner, who is otherwise eligible for being considered, shall be excluded from consideration.

It also directed that the applications for premature release shall be considered expeditiously. It added that those cases which have already been processed and in respect of which reports have been submitted shall be concluded and final decisions intimated to the convict no later than within a period of one month from the date of this order. Cases of eligible life convicts who are (i) above the age of seventy years; or (ii) suffering from terminal ailments shall be taken up on priority and would be disposed of within a period of two months. 

Case Title : Rajkumar vs State of Uttar Pradesh | Miscellaneous Application No.2169/2022 in W.P.(Crl.) No. 36/2022

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