New Delhi: The Supreme Court bench led by the Chief Justice of India, DY Chandrachud, on Friday issued a contempt of court notice to the Director General of Prisons of Uttar Pradesh for not complying with the court's orders regarding the premature release of some convicts within a specific time frame.
The bench also comprising Justice PS Narasimha was hearing a petition filed by Rishi Malhotra seeking contempt against the state of Uttar Pradesh for failing to decide the remission applications 2018 of certain prisoners. The petitioner had contended that prisoners were still inside jail despite prison authorities recommending their pre-mature release. The petitioner said that it was against the fundamental rights of Article 21 which guarantees the right to life and liberty.
Earlier this month, while hearing some bail matters, the top court had asked the DG Prisons, Uttar Pradesh to file an affidavit in a personal capacity stating whether UP has complied with a 2022 judgment directing it to consider the premature release of certain prisoners in line with 2018 policy.
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The bench was referring to Standing Policy regarding the premature release of prisoners sentenced to life imprisonment on the occasion of every Republic Day issued in 2018. The policy has categories of convicts entitled to premature release.
The court had asked DG to report what steps the state has taken in pursuit of the court's judgment, how many cases the state has considered for premature release (district-wise data), the number of cases that are pending for consideration, and the time limit within which the cases will be considered.
The court had said that no application would also be required to be submitted by a convict undergoing life imprisonment seeking pre-mature release. District Legal Services Authority of the state (DLSA) had to coordinate with the jail authorities and take necessary steps to ensure that all eligible cases of prisoners entitled to pre-mature release were considered.
