Case Note & Summary
The Supreme Court addressed a batch of cases from Uttar Pradesh involving five hundred and twelve convicts serving life sentences who sought premature release. The Government of Uttar Pradesh had issued a policy on 1 August 2018, allowing premature release for certain categories of convicts, which was amended on 28 July 2021 to impose an age restriction of sixty years for eligibility. This amendment led to petitions being filed under Article 32 of the Constitution, challenging the legality of the age restriction and arguing that the policy should be applied as it existed at the time of conviction. The court noted that previous judgments established that applications for premature release must be evaluated based on the policy in effect at the time of conviction. On 27 May 2022, the policy was further amended to remove the age restriction, allowing convicts to be considered for release based on the original criteria. The court emphasized the need for an objective and transparent implementation of the policy to uphold constitutional guarantees. It directed that all cases for premature release be considered under the amended policy, ensuring that no eligible convict is excluded from consideration. The court also mandated that the District Legal Services Authorities coordinate with jail authorities to facilitate the consideration of eligible cases and that applications for premature release be processed expeditiously, particularly for those over seventy years old or suffering from terminal ailments. The petitions were disposed of with directions for compliance with the amended policy (Paras 1-20).
Headnote
A) Constitutional Law - Right to Life - Premature Release Eligibility - Article 21 of the Constitution - The court held that the amended policy restricting premature release until the age of sixty years violated the right to life and personal liberty, necessitating consideration of cases based on the policy in effect at the time of conviction. The court directed that all eligible convicts be considered for premature release without age restrictions (Paras 18-19).
Issue of Consideration
Whether the amended policy restricting premature release based on age violates the rights of convicts and how cases should be considered under the applicable policy.
Final Decision
The Supreme Court directed that all cases for premature release of convicts undergoing life imprisonment be considered under the policy dated 1 August 2018, as amended, without the age restriction. The court mandated that eligible convicts be considered for release based on the more liberal provisions of the amended policy and that the District Legal Services Authorities ensure compliance with these directions.
Law Points
- Premature release
- life imprisonment
- constitutional rights
- policy amendments
- eligibility criteria
