The Supreme Court has once again criticized the Uttar Pradesh (UP) government for failing to implement its orders concerning the release of prisoners serving life sentences. The court’s reprimand highlights ongoing delays and demands immediate action from the state.
Supreme Court’s Reprimand
In a recent hearing, the Supreme Court, led by Justice Abhay S. Oka and Justice A.G. Masih, sharply reprimanded the UP government for its lack of compliance with a prior court order. The bench questioned why the state had not executed the order, stating, “Why is UP not following our orders? We will not leave you like this.” The court expressed frustration over the delay, asking, “How can you take 2-4 months even after passing our order?”
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Government’s Justification
The lawyer representing the UP government argued that the delay was due to officers from the concerned department being on leave. However, the court was unimpressed with this explanation, demanding an affidavit from the UP government. The court remarked on the officers’ conduct, noting, “Look at the conduct of the officers, they are sitting on our orders; these are the officers of the CM Secretariat.”
Court’s Directives
The Supreme Court has instructed that lawyer Rakesh Kumar present the names of those responsible for failing to process the file. The court direct that an affidavit detailing the necessary correspondence with the Chief Minister’s Office submit by August 14. The next hearing is schedule for August 20.
Justice Oka, during the hearing, criticized the delays, describing them as “shamelessness” and accusing the government of “playing with the fundamental rights of the convicts.” The court highlighted that despite its previous order to decide on premature release applications within three months, the UP government had yet to make progress.
Background and Previous Orders
On May 16, 2022, the Supreme Court had mandated a final decision on applications for premature release of life convicts within three months. Despite this order, many applications remain unresolved. The court had previously instructed that prisoners meeting eligibility criteria for premature release should be considered even without an application and that applications should be processed promptly.
In a related order on March 25, 2022, the court granted bail to 12 petitioners who had served approximately 14 years of their sentence. The court direct that the petitioners released on bail subject to conditions set by the trial court.