NDLI: Rashidul Jafar @ Chota Vs. State of Uttar Pradesh & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Remission: Pre-mature release
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Remission: Pre-mature release – Remission plea of five hundred and twelve convicts undergoing a sentence of imprisonment for life in the State of UP – In 2021, amendment brought to the Standing Policy Regarding Premature Release of Life Convicts of 2018 – Earlier policy of the year 2018 modified so as to provide that a convict undergoing imprisonment for life would not be released until the age of sixty years is attained – Challenge to, on the ground that the plea for premature release must be considered on the basis of the law as it stood on the date of conviction and that a subsequent policy which operates to restrict the ambit of a policy prevailing on the date of conviction must not be allowed to obstruct the plea for release; and that the requirement that a convict cannot be considered for premature release before the age of sixty would violate the right to life u/Art.21 by subjecting a convict to long years of incarceration – Held: Implementation of the said policy for premature release is to be carried out in an objective and transparent manner as otherwise it would impinge on the constitutional guarantees u/Art. 14 and 21 – Many of these life convicts who have suffered long years of incarceration have few or no resources – Lack of literacy, education and social support structures impede their right to access legal remedies – Once the State has formulated its policy defining the terms for premature release, due consideration in terms of the policy must be given to all eligible convicts – Constitutional guarantees against arbitrary treatment and of the right to secure life and personal liberty must not be foreclosed by an unfair process of considering applications for premature release in terms of the policy – In view thereof, issuance of directions to UP Government on premature release – Instant cases for premature release of convicts undergoing imprisonment for life to be considered in terms of the policy dated 1 August 2018 – Restriction that a life convict is not eligible for premature release until attaining the age of sixty years, which was introduced by the policy of 28 July 2021 is deleted, thus, no case for premature release to be rejected on that ground – In case, any convict is entitled to more liberal benefits by any of the amendments brought about subsequent to the policy dated 1 August 2018, the case for the grant of premature release would be considered accordingly – All decisions of premature release of convicts to be entitled to a beneficial reading of the policy – Constitution of India – Art. 14 and 21.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 932
Petitioner	Rashidul Jafar @ Chota
Respondent	State Of Uttar Pradesh & Anr
SCR	[2022] 8 S.C.R. 475
Judgement Date	2022-09-06
Case Number	336

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Rashidul Jafar @ Chota Vs. State of Uttar Pradesh & Anr

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