Prior criminal history, conduct and behaviour in jail, possible danger to society, etc. are relevant considerations: SC highlights key elements for deciding application for premature release
The Supreme Court highlighted key elements for deciding application for premature release and ruled that Prior criminal history, conduct and behaviour in jail, possible danger to society, etc. are relevant considerations.
Background
The petitioner was convicted for an offense punishable under Section 302 read with Section 34 of the Indian Penal Code 1860 and sentenced to life imprisonment. The judgment of the trial Judge was affirmed in appeal by the High Court of Judicature at Allahabad. The Special Leave Petition under Article 136 of the Constitution was dismissed by the Court. The petitioner had undergone 17 years, 9 months and 26 days of imprisonment and submitted an application for premature release.
Court order
The three judge bench of Justice Dhananjaya Y Chandrachud, Justice Surya Kant and Justice Vikram Nath noted that the application for premature release has to be considered on the basis of the policy as it stood on the date when the petitioner was convicted of the offense.
The court said that 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 court added that the order which has been passed rejecting the application of the petitioner for premature release suffers from a complete and patent non-application of mind.
The court set aside the impugned order passed by the Government of Uttar Pradesh and directed that the application of the petitioner for premature release shall be reconsidered on the basis of the policy as it stood on 17 January 2005, when the petitioner was convicted of an offence under Section 302 read with Section 34 of the IPC.
The court ordered that the application shall be considered afresh without the petitioner being required to file any fresh application for premature release. An order shall be passed after taking into account all relevant facts and circumstances including those which have been adverted.
Case title: Sharafat Ali v/s State of Uttar Pradesh and Anr.
Citation: Writ Petition (Criminal) No 439 of 2021
