Can't be straitjacket formula for premature release of convicts: Uttar Pradesh government tells SC

The Uttar Pradesh government has told the Supreme Court that there can't be a straitjacket formula for premature release of convicts and the prisoners can't claim a right for it as the State has to scrutinise each case under the power granted under Article 161 of the Constitution.

"The State has always taken a lenient view in considering the case of convicts but certainly the leniency should not impair the path of justice and the victims' rights and agonies have also to be taken into consideration," it said.

The state government maintained that the prisoners can't claim a right for premature release. The state government has power under Article 161 to scrutinise the cases of convicts on the parameters of the nature of the offence, the manner of crime, and the situation of area where the offence took place and all other relevant factors, including the impact of the release on the society, the agony suffered by victims' family and the present situation of the families affected by the crime.

In an affidavit, the state government said, "It is the paramount constitutional duty of the government of the state to control the crime situation in the state and to take all necessary steps required to maintain law and order situation."

It also asserted that all the convicts can't be treated equally. For example, there are cases where a person has committed a crime under sudden and grave provocation and there are convicts who committed the offence in a pre-planned manner. There are also convicts who are involved in a gang war and organised crimes and then, there are offenders of crimes against women and children.

The UP government also said the power conferred on the Governor under Article 161 cannot be circumscribed by any rule or regulation.

"The Governor is free to frame policy within the ambit of Article 14 of the Constitution. The policy made by the Governor is not subject to judicial review unless it is shown that hostile discrimination is being given to the convicts," the affidavit said.

Responding to a writ petition filed by Bhura and others, the state government said it has decided to consider a plea for premature release of about 100 prisoners undergoing life imprisonment as per its previous policy of August 1, 2018.

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