Image showing a jail cell and handcuffs (For representational purposes).
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New Delhi: The Supreme Court on Tuesday expressed its displeasure over prisoners’ languishing in jail even after completing their sentence, as it directed all states and union territories to immediately release any such convict if he or she is not wanted in any other case.
A bench of Justices B V Nagarathna and K V Viswanathan directed its registry to circulate the copy of the order to home secretaries of all states and UTs to ascertain whether any accused or convict has remained in jail beyond the period of sentence.
"If so, issue directions for release of such convicts if not wanted in any other cases. A similar copy shall be sent to member secretary National Legal Service Authorities for onward transmission to all member secretaries of state and UTs legal service authorities for communication of district legal service authorities in the states for the implementation of judgment," the court said.
The court held that in all cases where an accused/convict has completed his period of jail term, he would be entitled to be released forthwith and not continued in imprisonment if not wanted in any other case.
"We say so in light of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to procedure established by law," Justice Nagarathna wrote for the bench in 62-page judgment.
Having examined the provisions of life term, fixed jail term without remission and remission, the court issued the direction, and ordered the release of Sukhdev Yadav alias Pehalwan in the 2002 Nitish Katara murder case.
The bench noted that Yadav had completed his sentence of 20 years in March, this year, without remission, and he should have been released after he completed his sentence.
The apex court made it clear that there can't be any further incarceration of Yadav from March 9, 2025, onwards.
“In fact, on March 10, 2025, the appellant ought to have been released, as he completed his sentence," the bench said.
In his case, the court noted the appellant was denied the right of remission of his sentence on completion of fourteen years as per Section 432 read with Section 433-A of the CrPC.
"Such a right has been denied by the High Court but that does not mean that on completion of twenty years of imprisonment the appellant has to still seek reduction of his sentence on the premise that he was awarded life imprisonment which is till the end of his natural life. If that was so, the High Court would have specified it in those terms," the court said.
Yadav approached the apex court against an order passed by the Delhi High Court in November 2024. The high court had dismissed his petition for releasing him on furlough for three weeks.
The apex court granted three months furlough to Yadav. The apex court had then noted that he had undergone 20 years of uninterrupted incarceration without remission.
Furlough is a temporary release from prison, not a suspension or remission of the entire sentence, and is typically granted to long-term inmates, who have served a portion of their sentence.
The apex court, in October 2016, had handed down a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal Yadav for their role in the sensational kidnapping and killing of Katara. Co-convict Sukhdev Yadav was given a 20-year jail term.
The accused had kidnapped Katara from a marriage party on the intervening night of February 16 and 17, 2002 and then killed him for his alleged affair with Vikas' sister Bharti Yadav, who is the daughter of Uttar Pradesh politician D P Yadav.