The Supreme Court has ordered the release of Sukhdev Pehalwan, convicted in the Nitish Katara murder case, while issuing significant directions to all states and Union Territories regarding the release of prisoners who have completed their sentences.
The bench of Justice BV Nagarathna and Justice KV Viswanathan delivered the detailed judgment on Tuesday.
The bench directed Home Secretaries of all states and Union Territories to investigate whether any convict is serving a prison term beyond the prescribed sentence.
The Court instructed authorities to immediately release all prisoners who have completed their term and are not wanted in any other case.
The Court expressed concern over prisoners remaining in jail despite completing their sentences. It ordered authorities to release without delay all convicts who have served their fixed term of imprisonment.
The bench will send the order to the Member Secretary of the National Legal Services Authority (NALSA), who will forward it to District Legal Services Authorities across states.
The Supreme Court clarified that authorities may release a convict upon completion of a fixed-term life sentence, such as 20 years.
However, Additional Solicitor General Archana Dave, appearing for the Delhi Government, argued that release is not automatic after 20 years, as life imprisonment means incarceration for the remainder of a convict’s natural life.
The bench questioned how the Sentence Review Board (SRB) could override a judicial order.
“If this approach continues, the convict will die in prison,” the Court observed.
The SRB had earlier rejected Sukhdev Pehalwan’s plea for remission, citing his conduct in prison.
The Court expressed astonishment at the SRB’s actions, stating that it had no authority to block an order passed by the judiciary.
The bench stressed that it is the duty of the judiciary to ensure the timely release of convicts who have completed their sentences.
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