The Allahabad High Court quashed the Uttar Pradesh government's order denying the benefit of premature release to a 79-year-old convict who had already served 25 years in jail, including remission.

Criticizing the government's order as "stereotyped" and lacking individual consideration, a Division Bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi directed the government to take a fresh decision on the convict's plea for premature release within six weeks.

The Court examined the UP Government's order in light of the Supreme Court's 2022 decision in the case of Rashidul Jafar @ Chota v. State of U.P. and Anr. 2022. The Apex Court had issued several directions to the UP Government on premature release, emphasizing that eligible prisoners' applications must not be unduly insisted upon and that they should benefit from more favorable policies.

"This court finds that the impugned order is stereotype order which is passed in almost every case by the state government without application of mind like in the present case. The order has been passed against the intent of section 2 of U.P. Prisoners Release on Probation Act, 1938 and against mandate of the Apex Court in the case of Rishidul Jafar @ Chota (Supra)," the Bench said.

The petitioner, Munna, was convicted of life imprisonment in April 1980 for offences under Sections 302, 149, and 147 IPC, with the sentence confirmed by the High Court in February 1999. After serving 25 years, including remission, Munna filed a Writ Petition in the Supreme Court, which granted him bail in January 2018, considering his 18 years of incarceration without remission.

Despite his good conduct, the state government rejected his application for premature release in May 2017, stating that releasing him would send the wrong message about the judicial system to society, and there was a possibility of him committing further offences as per the jail authority's report. The order also mentioned that his physical and mental condition being sound disqualified him from the benefit of the UP Prisoners Release on Probation Act, 1938.

Challenging this order, Munna moved to the Supreme Court, which directed him to approach the High Court. The High Court observed that the state government's order was a stereotypical response, lacking in individualized assessment and contrary to the intent of Section 2 of the U.P. Prisoners Release on Probation Act, 1938, and the Supreme Court's mandate in the Rashidul Jafar case.

The Court noted that the state government's order did not comply with the Supreme Court's directions. It emphasized that the petitioner, at age 79, had served over 25 years with remission, had not committed any societal offences, and posed no risk of future crime.

"This court further finds that there is no such consideration in the impugned order as directed by the Apex Court. The petitioner is aged about 79 years and he has undergone total sentence, with remission, of above 25 years. He has not committed any offence affecting society at large. There is no chance of future recurrence of crime by the petitioner at such an advanced age," the Court noted.

Consequently, the Court quashed the state government's order and directed it to make a fresh decision in accordance with the Supreme Court's guidelines. "In view of the above, impugned order dated 15.05.2017 passed by state government, respondent no. 1 is hereby quashed," it ordered.

The Court ordered, "The respondent no. 1 is directed to take fresh decision on the application of petitioner within period of six weeks regarding premature release of petitioner by consideration of policy of state government dated 01.08.2018 provisions of U.P. Prisoners Release on Probation Act, 1938 and judgment of the Apex Court in the case of Rishidul Jafar @ Chota (Supra) by reasoned and speaking order and communicate the same to this court along with affidavit of a responsible officer of the state government."

Cause Title: Munna v. State Of Up. And 3 Others

Appearance:-

Petitioner: Advocates Araf Khan, Lihazur Rahman Khan

Click here to read/download the Order


Justice SiddharthJustice Syed Qamar Hasan RizviAllahabad High Court

Sukriti Mishra