State can't mechanically reject pleas for premature release of convicts: SC

The Supreme Court has held that a state government cannot mechanically reject a plea for premature release of a convict, merely on the apprehension that he may commit the offence again. It said antecedents of the convict, his conduct in prison and the likelihood of him abstaining from crime were the critical factors for taking such a decision.

A bench of Justices Rohinton F Nariman and Navin Sinha set aside the Uttar Pradesh government's order rejecting premature release of two persons, even after 29 years of prison in the case of killings of 11 persons, along with 22 co-accused.

Following an order passed by the top court on October 30, 2017, the state government examined the case of convicts Shore Ali and Bhura.

The order, passed on January 22, 2018 by the Joint Secretary, UP government stated that “premature release of this kind of prisoner would send a negative message against the justice system in the society”.

It was also mentioned that the Senior Superintendent of Police and the District Magistrate have confirmed that the prisoner is not incapacitated from committing crime.

However, referring to the provision of the United Provinces Prisoners Release on Probation Act, 1938, the top court said the conduct of the convicts in prison had not been referred to at all.

The Senior Superintendent of Police and the District Magistrate confirming that the prisoner is not “incapacitated” from committing the crime is not tantamount to stating that he is likely to abstain from crime and lead a peaceable life if released from prison, the court added.

The court set free the petitioners and allowed the state government to impose such conditions as mentioned in the law.