New Delhi: The Supreme Court has directed all States and Union Territories to submit compliance affidavits within two months, confirming adherence to its February 18 guidelines on the premature release of convicts under Section 432 of the Criminal Procedure Code, 1973, and Section 473 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
A bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, on Wednesday issued the directive while emphasising that States must not delay the processing of remission cases, even if they are still in the process of framing or revising their remission policies.
“We make it clear that even if the States have initiated the process of making compliance with the order of February 18, 2025, pending the completion of process, the cases of those who are entitled to be considered for premature release shall be processed under the existing regime,” the Court held.
The Court’s five-point compliance mandate requires States to adopt an exhaustive remission policy ensuring automatic consideration of all eligible convicts.
To impose reasonable and implementable conditions in remission orders, to Record and communicate reasons for granting or denying remission.
Avoid cancellation of remission without a hearing and justification, to Provide convict-specific data, including those eligible for premature release and the status of their cases.
Amicus Curiae, Senior Advocate Liz Mathew, informed the Court that so far only Nagaland, Andhra Pradesh and Punjab have filed compliance reports. The State of Uttar Pradesh has sought an extension of time.
The amicus presented a chart titled “Details of Compliances to be done by State,” which the Court directed to be included in the upcoming affidavits.
The February 18 judgment had made it clear that in the absence of a comprehensive policy, the exercise of powers under Section 432 could be arbitrary, and thus directed all States / UTs without such a policy to frame one within two months.
In a further development, the Court accepted a NALSA recommendation to amend Clause 2.2.6 of the Standard Operating Procedures (SOPs) for Under Trial Review Committees (UTRCs).
The revised clause will now include convicts entitled to be considered for premature release, expanding the scope of legal review and potential relief.
The Court also directed NALSA to modify paragraph 1.2 of Step 1 in Part I of the SOP, requiring prisons to now report on “prisoners entitled to be considered for grant of premature release” as Category No 15.
The matter has been listed for further hearing on July 25, when the compliance status of all States and UTs will be reviewed by the top court.
UNI
