The Supreme Court has asked the Uttar Pradesh government to reconsider its August 2021 relaxation policy, which fixed 60 years as the minimum age for life-imprisonment convicts to apply for premature release. . The apex court has expressed 'great doubt' on the validity of this policy.
A bench of Justice Sanjay Kishan Kaul and Justice MM Sundaresh said that prima facie this policy does not seem sustainable. The bench has asked the UP government to take necessary steps on this policy in four months.
We want the state government to re-examine this part of the policy: Supreme Court
"We wish to express great doubt on the validity of this clause prescribing the minimum age of 60 years for an application for premature release," the bench said. This condition means that a 20-year-old youth sentenced to life imprisonment will have to spend 40 years behind bars to apply for premature release. "We want this part of the policy to be re-examined by the state government," the Supreme Court said. It is to be noted that the Governor exercises the power conferred under Article 161 of the Constitution for the premature release of the convicts as per the policy framed by the State Government.
Applications of all the culprits should be considered
The top court was considering a writ petition filed by Mata Prasad. The petition said that despite his request being approved on January 26, 2020, he has not been released from jail. He said that he was sentenced to life imprisonment after conviction in the year 2004 and after serving more than 17 years he has not been released from jail. At the same time, it was argued by the state government that the policy of premature release was amended on July 28, 2021. The important change to be applicable in the petitioner's case is that for consideration of the applications of all such convicts, it is mandatory to be in the custody of 60 years and 20 years without relaxation and 25 years with the exemption.
The petitioner's case will be covered under the 2018 policy
The state government had contended that the petitioner's case would be covered under the 2018 policy, though he is not of the requisite age of 60 years as per the 2021 policy. The state government also stated that the petitioner's appeal is pending before the Allahabad High Court, where the petitioner could have applied for suspension of sentence. But the apex court directed the competent authority to decide the petitioner's application within three months, saying that it cannot be said that pending appeal in the High Court, the state government should consider the application for premature release by the petitioner. prohibited to do.
Challenge the 2021 policy in the top court
The bench also rejected the contention of the state government that the 2021 policy has been challenged in the apex court. The bench, observing that the petitioner has spent about 22 years in jail without any exemption and about 28 years with exemption, ordered his release on bail. Recently, in a case pending before another bench of the Supreme Court, the Uttar Pradesh government had filed an affidavit saying that during the pendency of the appeal, under the earlier policy (2018) on the premature release of those prisoners who have been in jails for 20-25 years. It has been decided to consider whose cases were not considered at that time.
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