Apex Court Directs Jammu & Kashmir To Formulate Policy On Premature Release Of Life Convicts

The Supreme Court has directed the Union Territory of Jammu & Kashmir to create a policy governing the premature release of convicts based on time served in prison.

The Court passed the directions while dealing with a Writ Petition by Anand Kumar Singh, a former Central Reserve Police Force (CRPF) officer serving a life sentence for murder and violations under the Arms Act, 1959, following his conviction for shooting three fellow CRPF members, including a senior officer.

The Bench of Justice Surya Kant and Justice Ujjal Bhuyan noted, "The petitioner’s prayer for premature release is being opposed by the State counsel on the solitary ground that there is no policy framed by the State for premature release on the basis of the period of incarceration."

"It seems to us that such a ground may not be tenable, as the formulation of policy falls within the exclusive domain of the State and, therefore, the Union Territory of Jammu & Kashmir is well advised to formulate an appropriate policy," the Bench said. 

During the hearing, AoR Piyush Dwivedi appeared for Singh. 

Singh, who has served approximately 18 years, argued for his early release. The case stems from an incident in 2006 when the petitioner, home on leave for his sister's wedding, allegedly shot and killed three CRPF colleagues, including a senior officer, following a public reprimand by his superiors. Arrested on the day of the incident, he has been in continuous custody since.

However, the Union Territory government opposed his petition, asserting that no policy exists in Jammu & Kashmir for early release based on the time served by a convict.

The Court highlighted the need for a formal policy, urging the Chief Secretary of Jammu & Kashmir to coordinate with the competent authority and initiate a decision on the matter. The Bench directed the State Counsel to submit a compliance report by January 3, 2025, when the case will be reviewed.

"We, consequently, direct the Chief Secretary of the Union Territory to take up the matter with the Competent Authority for taking a policy decision as may be deemed fit by the Competent Authority. A compliance report in this regard be submitted by the State counsel thereafter. Post the matter on 03.01.2025," the Court ordered. 

Cause Title: Anand Kumar Singh v. The State of Jammu and Kashmir [Writ Petition(s)(Criminal) No(s).335/2024]

Appearance:

Petitioner: Advocates Ranjeet Kumar, Simanta Kumar, Jaya Kiran, Jyoti Singh, Ajay Chand Sharma, Piyush Dwivedi (AoR)

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