SC pulls up others over non-compliance
New Delhi, May 1 (MExN): The Supreme Court has recently expressed concern over poor compliance by States regarding its February 18, 2025 directions on the policy for premature release of convicts.
Hearing the suo motu writ petition on bail reforms, a Bench of Justices Abhay S Oka and Ujjal Bhuyan noted that only three States—Nagaland, Andhra Pradesh, and Punjab—have submitted compliance reports so far.
Uttar Pradesh has sought more time, reflected the compilation filed the Amicus Curiae of the case.
The Court had earlier directed all States to align their remission policies with the provisions under Section 432 of the CrPC and Section 473 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, ensuring automatic and fair consideration of eligible convicts for premature release.
Among others, the compliance checklist included having a clear and exhaustive remission policy; ensuring that eligible convicts are considered without needing to apply; imposing only reasonable, non-oppressive conditions for release, Providing reasoned orders for approval or denial of remission; ensuring decisions are communicated to convicts and District Legal Services Authorities; and Allowing convicts to challenge rejections and mandating a hearing before revoking remission.
Hearing the matter on April 25, the Court also directed the National Legal Services Authority (NALSA) to update its Standard Operating Procedures for Under Trial Review Committee (UTR(s) and, in particular, Clause 2.2.6.
It suggested substituting the Clasue with, “Convicts who have undergone their sentence, or are entitled to be considered for pre mature release, or are entitled to release pursuant to remission already granted to them.”
It also called for adding “The prisoners who are entitled to be considered for grant of premature release,” as a new category
States were given two months to file compliance affidavits, with the matter scheduled for the next hearing on July 25.
The Court clarified that ongoing policy updates should not delay consideration of already eligible convicts under the current system.
