LAWS(SC)-2022-9-53

RASHIDUL JAFAR Vs. STATE OF UTTAR PRADESH

Decided On September 06, 2022
Rashidul Jafar Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) In this batch of cases which emanates from Uttar Pradesh, five hundred and twelve convicts who are undergoing a sentence of imprisonment for life seek premature release.

(2.) On 1/8/2018, the Government of Uttar Pradesh issued a policy governing premature release of convicts with the approval of the Governor under Article 161 of the Constitution. The policy is described as a "Standing Policy regarding premature release of prisoners sentenced to life imprisonment on the occasion of every Republic Day (26th January)". The policy sets out categories of convicts entitled to premature release. Among those categories is para 2(b). The translation provided by the Additional Advocate General is extracted below:

(3.) 'Prohibited categories' are spelt out in para 3 of the policy. Clause (vi) of the prohibited categories is set out below: