New Delhi. The Supreme Court has ordered the release of 97 life prisoners on interim bail, who have served more than 20 years in various jails of Uttar Pradesh. Along with this, the court has also issued notice to the Uttar Pradesh government on the petition of the prisoners. Of the 97 prisoners, 65 are lodged in Agra Central Jail, 30 in Varanasi Central Jail and one prisoner each in Mathura District Jail and Naini (Prayagraj) Central Jail. These prisoners have sought premature release on the ground that they have served a sentence of more than 20 years. All are serving life sentences for murder.
A bench of Justices Indira Banerjee and JK Maheshwari issued this order on Monday after hearing the arguments of the petitioner prisoners’ counsel Rishi Malhotra. The court has issued a notice to the Uttar Pradesh government on the petition and sought a reply in three weeks. The court said in its order that the petitioners, who have been in jail for more than 20 years, should be released on interim bail. Release on interim bail will be subject to the conditions and satisfaction imposed by the trial court.
Earlier, seeking immediate bail to the petitioners, Rishi Malhotra said that all the petitioners have completed their sentences. The Uttar Pradesh government’s policy of premature release of prisoners dated August 1, 2018 says that a prisoner who has served a total sentence of 20 years by adding 16 years of actual imprisonment and four years of remission will get premature release.
All the petitioner prisoners have served sentence of more than 20 years. In such a situation, keeping them in jail is illegal custody. He said that the Supreme Court had passed an order in one such case on May 4 and asked the state government to consider the release of life prisoners as per the 2018 policy. After hearing the arguments, the court passed the above order.
Through two petitions, 97 prisoners sought premature release from the court, saying that the Supreme Court, in its order dated May 4, 2021, had ordered the state government to release 32 life prisoners as per the 2018 policy and consider other cases as well. was asked to do. But despite the order, when the prisoners were not released on time, the prisoners had filed a contempt petition in the court, after which the state government released 32 prisoners.
After this, the state government amended the 2018 policy on July 28, 2021, in which it was said that the policy would be applicable to the prisoner of 60 years of age or more. It has been said in the petition that the government has made this amendment to nullify the order of the court. Anyway, the petitioners should be released as the amendment made in the policy will not be considered as retrospective.
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