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The Supreme Court has urged Jammu and Kashmir to establish a policy for the early release of long-serving convicts, as no current guidelines exist.
SRINAGAR: In a landmark directive, the Supreme Court has prompted the Union Territory of Jammu and Kashmir to establish a framework for the early release of long-serving convicts, noting that developing such a policy is within the UT’s jurisdiction and that no current guidelines for remission based on time served exist.
The decision, passed by a bench comprising Justices Surya Kant and Ujjal Bhuyan, arose from a case involving a life-sentenced convict, found guilty under Section 302 of the former Ranbir Penal Code and Section 30 of the Arms Act, 1959. Convicted of murdering three colleagues, the individual has spent around 18 years in prison.
The Court observed that Jammu and Kashmir’s legal counsel opposed the early release of the petitioner due to the lack of an established policy. Viewing this objection as potentially unjustified, the Supreme Court advised the UT to implement the necessary policy framework.
Highlighting the importance of independent jurisdiction in such matters, the Supreme Court directed J&K’s Chief Secretary to coordinate with relevant authorities to finalize a policy decision and to submit a compliance report on the matter.
The case details reveal that the convict was serving in the Central Reserve Police Force (CRPF) in 2006. After being denied leave for his sister’s wedding and allegedly reprimanded by senior officers, he responded violently, fatally shooting three of his colleagues, including an officer. The convict was immediately detained on April 3, 2006, and, in August 2012, the Trial Court sentenced him to life. His appeal was later rejected by the High Court in March 2022, leading to a special leave petition in the Supreme Court. This petition concluded in August 2022 and permitted him to apply for early release if a suitable policy existed.
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In 2023, the petitioner filed a writ seeking early release because he had served nearly 18 years without remission, arguing that the absence of a J&K remission policy was blocking his eligibility. The Supreme Court dismissed the petition with the recommendation that the petitioner approach the J&K High Court for an order to draft a remission policy, allowing him to request release even if such guidelines were absent.
The Supreme Court advised that the petitioner initially seek the J&K High Court’s direction to establish a remission policy, potentially mirroring those in other regions. The petitioner could then apply for early release based on his time served.
Reappearing in the Supreme Court, the petitioner sought a clear directive for release, prompting the Court to order J&K authorities to address the matter and file a compliance report on the policy decision.
