SC orders interim bail to life terms convicts incarcerated for over 30 years in UP jails

The Supreme Court has expressed its surprise over continued incarceration of a few life term convicts for about 30 years without remission.

A bench of Justices Navin Sinha and Ajay Rastogi ordered ad-interim bail to a group of petitioners after noting that they were inside the jails of Uttar Pradesh for over three decades.

The court noted the petitioner, Jaiveer has been in jail for over 33 years, while others were in prison for over 32, 26 and 22 years.

It issued notice to the Uttar Pradesh government on their plea that continued incarceration without considering their case for premature release was a gross violation of their fundamental rights.

In a separate judgement delivered on January 23, 2020 in case of 'the Home Secretary (Prison) and others Vs H Nilofer Nisha, the Supreme Court has held that the grant of remission or parole is not a right vested with the prisoner. It is a privilege available to the prisoner on fulfilling certain conditions. This is a discretionary power which has to be exercised by the authorities conferred with such powers under the relevant rules or regulations.

"The court cannot exercise these powers, though once the powers are exercised, the court may hold that the exercise of powers is not in accordance with rules," it has said.

Notably, Section 433A of the Criminal Procedure Code restricted power of remission on life term convicts, unless they completed at least 14 years of jail.

In a series of cases namely Maru Ram vs Union of India and others (1981), the court has held that failure to put relevant materials before the Governor for exercise of such power under Article 161 of the Constitution may lead to quashing of remission orders