On January 5, a Supreme Court division bench led by Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha sought the stand of the Uttar Pradesh Director General of Prisons through a personal affidavit on whether the State had complied with a 2022 judgement directing it to consider the premature release of certain prisoners in accordance with a 2018 policy. In addition, the court served notice on the Uttar Pradesh State Legal Services Authority. "We will ask the State Legal Services to visit all prisons and find out about all such inmates etc. We will streamline it."
The Bench referred to the Standing Policy on the Premature Release of Prisoners Sentenced to Life in Prison on Republic Day (January 26th) issued in August 2018. The policy established categories of convicts who were eligible for early release. The decision stated that all cases of convicts serving life sentences in the state who were eligible for premature release under the policy were to be considered in accordance with the policy's procedure.
"All decisions of premature release of convicts, including those, beyond the present batch of cases would be entitled to such a beneficial reading of the policy," In that decision, the Bench held. It was also ordered that no application for premature release from life imprisonment by a convict was required.
Furthermore, the District Legal Services Authority of the State was asked to take the necessary steps, in collaboration with the jail authorities, to ensure that all eligible cases of prisoners entitled to premature release were properly considered.
A personal affidavit was used to obtain the following information:
1. Number of steps taken in pursuance of the judgment in Rashidul Jafar v. State of Uttar Pradesh and the institutional arrangements put in place;
2. How many convicts are eligible for premature release district-wise;
3. How many cases have been considered for premature release since the judgment of Rashidul Zafar;
4. How many cases are pending;
5. Time period by when cases will be considered.
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