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's direction came, while ordering 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.
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 noted that Yadav 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.