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SC Directs J&K UT to Establish Policy on Premature Release of Convicts

 New Delhi, Nov 12 (KNS): In a significant decision, the Supreme Court has directed the Union Territory of Jammu and Kashmir to formulate a policy on the premature release of convicts, as reported by Livelaw.

The court observed that the formulation of such a policy lies solely within the UT's jurisdiction and that J&K currently lacks a framework for remission based on the length of incarceration.

The directive was issued by a bench of Justices Surya Kant and Ujjal Bhuyan while addressing the case of a convict serving a life sentence under Section 302 of the former Ranbir Penal Code and Section 30 of the Arms Act, 1959. The convict, sentenced for the murder of three colleagues, has served about 18 years in prison.

The J&K counsel opposed the petitioner's request for premature release, arguing that the UT has no established policy on the matter. However, the court found this reasoning "untenable," stating that J&K should "formulate an appropriate policy.Click Here To Follow Our WhatsApp Channel" The bench directed the Chief Secretary of J&K to engage with the relevant authority to initiate policy-making and submit a compliance report.

The case details reveal that the petitioner, a CRPF member, was arrested in 2006 after fatally shooting three colleagues. He was convicted in 2012 and has since pursued legal avenues for release, including a criminal appeal dismissed by the High Court in 2022 and a special leave petition to the Supreme Court.

In 2023, the petitioner filed a writ petition in the Supreme Court for premature release, highlighting that J&K's lack of a remission policy was impeding his case. The Supreme Court advised him to seek redress from the J&K High Court for a policy directive and to continue pursuing a personal appeal for release, even in the absence of a formal policy. (KNS)

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