The Supreme Court on Friday requested NALSA to consider issuing a uniform country-wide SOP for protecting the rights of convicts to secure pre mature release in accordance with the provisions of law.
A Supreme Court bench of Justice D.Y. Chandrachud and Justice M.R. Shah, while dismissing two petitions by two convicts challenging their conviction after 19 years of incarceration, drew general directions to Uttar Pradesh State Legal Service Authorities to ensure that all panel advocates should visit the jail and advise the convicts about their legal rights and assist them in drafting the application to pursue their remedy of premature release.
The bench further directed that NALSA should issue directions to all the State Legal Service Authorities to ensure the same is followed. Two Special Leave Petitions were filed from jail against a common judgment by the two accused who were convicted for murder in 2005 at district Aligarh. Thereafter, the High Court of Allahabad affirmed their conviction.
Advocate Rajiv Nanda, who was appointed Amicus Curiae while serving the court, observed that things were hunky-dory as far as prosecution was concerned. He submitted that the Prosecution was right and apart from few contradictions like the report of police which was sent to the magistrate after 3 days and not forthwith as per section 157 CrPC; further the trial court without any record stated that may be there was holiday in between. He also stated that the deceased was a Muslim but as per the Post-Mortem report there was no circumcision. The bench however stated that since there are two eye witnesses such minor contradictions can be overlooked.
The Bench in view of the facts of the aforesaid case observed that convicts are incarcerated for 20-30 years without knowing that they have a legal right to file application through Jail authorities for premature release, but due to the lack of awareness and knowledge of their rights, many convicts spend their lives behind the bars.
Justice MR Shah on this issue stated his personal experience when he was at Gujarat High Court where he saw convicts incarcerated for 30 years not knowing that they have a remedy.
Nanda then requested the bench to pass a general order directing the jail authorities to inform the accused about their legal rights. He also stated that a general direction may be passed so that those unaware about their rights are informed well enough to pursue remedy before the concerned courts. He also requested that the apex court may direct all the State authorities along with NALSA and UttarPradesh State Legal Service Authority for the benefit of life convicts who are unable to access Justice.
The bench then dismissed the appeal of the two convicts and directed the jail authority to inform the two about the remedy of premature release and further passed a general direction in the interest of justice for those unaware of their rights.
“We direct the Senior Jail Superintendent, Central Jail Agra to inform the applicant – convict of his right to submit an application for pre mature release in accordance with the applicable rules and regulations. In the event that any legal aid or assistance for that purpose is required, the Senior Jail Superintendent shall intimate the District Legal Services Authority within two weeks of the receipt of this order. The DLSA shall make available the requisite assistance so that the petitioner is in a position to submit an application for pre mature release. Upon such an application being filed, it shall be disposed of within a period of three months by the competent authority in accordance with the rules and regulations,” directed the Apex Court.
Read the order here;
21533_2019_34_16_29269_Order_13-Aug-2021