Convict's criminal history, conduct in jail relevant for considering premature release: SC
Feb 19, 2022
New Delhi [India], February 19 : The Supreme Court has said that a convict's prior criminal history, conduct and behaviour in jail, possible danger to society etc. are relevant factors while considering his/her application for premature release.
A bench of Justices DY Chandrachud, Surya Kant and Vikram Nath observed that the application for premature release has to be considered on the basis of the policy as it stood on the date when the person was convicted of the offence.
The apex court's observation came while hearing a plea filed by one Sharafat Ali, convicted in a murder case, challenging the order rejecting his application for premature release.
Ali, who had undergone 17 years, 9 months and 26 days of imprisonment, had submitted an application for premature release.
However, the UP government rejected his application.
"The order which has been passed by the State government in the present case is bereft of an application of mind to relevant circumstances bearing on whether the petitioner should be released prematurely," the top court said.
"The order does not contain any reference whatsoever to whether the petitioner possesses any prior criminal history, save and except for the present case. Similarly, the order is completely silent on the conduct and behaviour of the petitioner in jail and after he was convicted of the offence. The relevant considerations bearing upon whether the release of the petitioner would pose a danger to society have not been adverted to. There has to be a considered application of mind to the facts of each case," the Supreme Court highlighted.
"The order contains general observations to the effect that the release may result in resentment on the side of the victim," it said while ordering the authorities to consider Ali's application afresh within two months.
