UP Govt Prematurely Released More Than 1,500 Convicts Serving Life Imprisonment in 2019.

Source – news18.com

New Delhi: In 2019, the Uttar Pradesh government prematurely released from its jails more than 1,500 murder convicts serving life imprisonment.

The convicts have been released following terms of the Yogi Adityanath government’s policy of August 2018, as ratified under Article 161 of the Constitution which empowers the governor to grant pardon.

As many as 1,520 convicts were released in January and February 2019 on the occasion of Republic Day.

Those walking out of jails consisted people as young as 36 and as old as 97. Some had spent 52 years in jail, while some could come out after spending less than six years behind bars owing to their advanced age.

The statistics accessed by CNN-News18 reveals a total of 1,543 murder convicts were released prematurely by the state government between January 1 and November 14, 2019.

The information was collated and submitted by the Prison Department in the Supreme Court in connection with a case wherein a man convicted of raping and killing a minor pleaded for his release from prison.

Assisted by Amicus Curiae Pijush Kanti Roy, the court noted he had served more than 35 years in jail.

The court then sought to know from the Uttar Pradesh government if the state had any specific policy for premature release of the life-term convicts. The top court also asked for a list of life term convicts who had been released since 2018.

Subsequently, the statistics was compiled and adduced in the court in the form of an affidavit, which revealed that over 1,500 life term convicts were released prematurely, based on the government order dated August 1, 2018.

The 2018 government order points out that a decision for early release of prisoners has been taken in view of overcrowding of UP jails as well as since prolonged incarceration might lead to frustration and anxiety among the convicts, affecting reforms. It also cited an Allahabad High Court order imploring upon the state to have a concrete policy in this regard.

In the order, guidelines and conditions have been laid down for premature release of life-term convicts, based on their period of incarceration, age, ailments as well as nature of crimes. Certain crimes involving rape, terrorism, narcotics and mass murders have been kept out of the premature release policy.

The statistics in the top court show the 2018 policy has been used liberally by the state government to release murder convicts. Apart from this, 166 other life-term convicts have been additionally freed under the UP Prisoners’ Release on Probation Act and under the UP Jail Manual.

In the present case, the Supreme Court bench, headed by Justice Sanjay K Kaul, said “the principle of reformation cannot be given a denial completely and if there is nothing to show adverse to the conduct of the petitioner during this long period of incarceration, it would be difficult to appreciate why he cannot be given a favourable consideration.”

The bench subsequently ordered release of the petitioner on interim bail but asked the prison authorities in Agra to get his psychological assessment done to ensure the convict can be released safely.