SC asks NALSA to prepare general SoP on premature release of convicts

The Supreme Court has asked the National Legal Services Authority to frame a uniform-country wide Standard Operating Procedure for "protecting rights" of life term convicts, in order to secure their pre-mature release in accordance with provisions of law.

A life term convict can seek premature release after completing a minimum of 14 years in jail in line with the rules framed by the state governments.

A bench of Justices D Y Chandrachud and M R Shah passed the general direction on formulating the procedure while dismissing a petition by Kadir, a life-term convict lodged in the jail of Uttar Pradesh's Agra district, against his conviction and sentence.

The petitioner, represented by amicus curiae, Rajeev Nanda, however, contended that as of June 26, 2021, he has undergone an actual sentence of 15 years, 11 months and 22 days without remission and 19 years, one month and 22 days with remission.

Taking note of the submission, the court directed the jail superintendent to inform the petitioner about his right to submit an application for premature release in accordance with the applicable rules and regulations. It also ordered the competent authority to take a decision on his application, if so made, within three months.

"The facts which have been drawn to the attention of this court in the present case would merit a general direction," the bench said, asking NALSA to consider issuing a uniform procedure for protecting the rights of similarly placed convicts to secure their premature release.

A separate bench in May this year declared as bad and discriminatory the 2018 policy of the Uttar Pradesh government restricting the premature release of prisoners, undergoing life term, to the event of Republic Day each year only.

It had also said the court cannot approve of the policy which stated that those who did not apply for remission would be ineligible for consideration, as this was against its avowed objective to prevent overcrowding in prisons, and to check frustration and disappointment and to ensure rehabilitation.

In the instant case, the court also directed the UP State Legal Services Authority to ensure that its panel lawyers visit every jail within the state 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 for premature release.

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