SC RELEASES ON BAIL 97 CONVICTS STAYING IN U.P. JAILS OVER 20 YRS

NEW DELHI: The Supreme Court has ordered 97 prisoners languishing for over 20 years across different jails in Uttar Pradesh to be released on bail after it was noted that the convicts would otherwise be entitled to premature release under a state policy after having undergone 20 years of total sentence.

The order was passed by a bench of Justices Indira Banerjee and JK Maheshwari on two separate petitions filed by a set of 66 convicts in one petition and 31 convicts in another. Advocate Rishi Malhotra told the court that the case of the petitioners highlighted “shocking and sorry state of affairs” in Uttar Pradesh where prisoners, despite being entitled to premature release, were languishing in prison.

The court issued notice to Uttar Pradesh and Director General (Prisons) to know the entitlement of the prisoners for premature release as per the existing state policy of August 1, 2018.

Posting the matter after three weeks, the bench granted bail to the 97 convicts. “Since the petitioners have been in jail for over 20 years, they shall be released on ad interim bail subject to the terms and conditions to be imposed by the trial court to its satisfaction.” The two petitions raised a question of law arising out of the fact that on July 28, the UP government amended its policy of August 1, 2018 on premature release and introduced a condition that only those who had attained the age of 60 years or more would be entitled.

Malhotra said, “It is a settled law that it is the policy which was in existence at the time of conviction which would be applicable and not the policy which is applicable at the time of consideration for premature release of a convict.”