Supreme Court of India has directed the State of Uttar Pradesh to pay Rs. 10,000/- as compensation to each of the four convicts whose premature release was delayed despite an earlier order by the Apex Court. The division bench, comprising of Justice Abhay S Oka and Justice Sanjay Karol, imposed the costs on the state, citing a lack of explanation from the authorities for the extended delay in releasing the convicts.

The Supreme Court's order to release the four convicts was initially issued on April 21, 2023, after considering their prolonged incarceration of over 20 years for their involvement in a case of triple murder. The court, taking into account their advanced age and the lengthy period of imprisonment, directed the state to release them within two weeks from the date of the order.

However, the state authorities failed to comply with the Apex Court's directive, leading to the initiation of contempt proceedings against them. In response to the contempt petition, the authorities submitted a compliance affidavit stating that the petitioners had been released.

Nevertheless, the Court observed that the affidavit lacked any explanation for the considerable delay in adhering to the Court's original order. Despite this, the Court decided not to initiate further action under the Contempt of Court Act, 1971.

In light of the authorities' failure to provide an explanation, the Supreme Court directed the State of Uttar Pradesh to pay Rs. 10,000/- as costs to each petitioner within one month from the date of the recent order.

The convicts had approached the Supreme Court seeking their premature release after their earlier plea for release under the Uttar Pradesh Prisoners Release on Probation Act, 1938, along with Rule 4 of the Uttar Pradesh Prisoners Release on Probation Rules - 1938, had been rejected by the authorities.

The petitioners had been convicted by the trial court under Section 302 r/w 149 I.P.C and were sentenced to rigorous life imprisonment. Additionally, they were convicted under Section 307 r/w Section 149 I.P.C and sentenced to seven years of rigorous imprisonment, along with two years of rigorous imprisonment under Section 148 I.P.C. The High Court had later upheld the trial court's verdict.

During the hearing that led to their premature release, the Apex Court considered the petitioners' extensive period of incarceration, ranging from 24 to 26 years, and also took into account their advanced age. The ages of the petitioners ranged from 54 to 81 years.

Case Title: Mahendra V. Rajesh Kumar Singh, and it is listed as Contempt Petition (Civil) No.1034 Of 2023 In Writ Petition (Criminal) No.173 Of 2022.

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