SC rules UP govt's policy on premature release of life term convicts on R-Day as discriminatory

The Supreme Court has declared as bad and discriminatory a 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.

A bench of Justices Navin Sinha and V Ramasubramanian said the court cannot approve of the policy prepared on August 1, 2018, which stated that those who did not apply for remission would be ineligible for consideration.

"The avowed object in the policy is to prevent overcrowding in prisons of the State, and to check frustration of emotions and disappointment and to ensure rehabilitation. It assumes much more significance in the present pandemic times to prevent super spreaders," the bench said.

After interacting with the UP State Legal Services Authority, the court said as a welfare State, it was an obligation on the government to make periodic assessment to order premature release of the prisoners.

"The policy having statutory force under Article 161 of the Constitution will naturally apply to all persons sentenced to life imprisonment," the bench declared.

The court said the policy is discriminatory in nature as there is no nexus to be achieved by providing for premature release only on a specified date (Republic Day), when those eligible to be considered for premature release formed a class of persons sentenced to life imprisonment.

It said the policy was bad too as it was contrary to the Allahabad High Court's order asking the state government to lay down a transparent policy in regard to premature release of convicts who were lying in prison for a long time.

The top court passed its judgement on a batch of pleas and directed the state authorities to pass a "reasoned and speaking" order on their representation for premature release under the 2018 policy.

It asked the Executive Chairman of the UP State Legal Services Authority, to monitor not only the case of the petitioners, but of such other convicts, who may be eligible for consideration, but are unable to do so for one reason or the other.