SC asks UT to frame policy on premature release of convicts

The Supreme Court has asked the Union Territory of Jammu and Kashmir to formulate a policy on the premature release of convicts on the basis of the period of imprisonment already undergone by them.

The order came from a Bench, led by Justice Surya Kant, while dealing with a petition filed by one Anand Kumar Singh — a former Central Reserve Police Force (CRPF) personnel, who was sentenced to life imprisonment for shooting dead three CRPF personnel, including a senior officer on April 3, 2006, after being publicly scolded on a leave-related issue.

Singh – who has spent over 18 years in custody – has sought his premature release. However, the UT of Jammu and Kashmir opposed his petition on the solitary ground that there was no policy framed by the UT Administration for premature release of prisoners on the basis of a 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 and Kashmir is well advised to formulate an appropriate policy,” said the Bench – which also included Justice Ujjal Bhuyan.

“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 it. A compliance report in this regard be submitted by the state counsel thereafter,” the Bench said, posting the matter for further hearing on January 3, 2025.

Ex-CRPF personnel seeking release

• An ex-CRPF personnel — sentenced to life imprisonment for killing 3 CRPF personnel & has spent 18 years in custody – has sought premature release.
• The UT administration had opposed his plea on the ground that it had not framed any policy for the premature release of prisoners on the basis of the incarceration period.
• The Supreme Court Bench said, “The UT’s ground may not be tenable. As the formulation of policy falls within a state’s domain, the UT is well advised to formulate an appropriate policy.”