Court Initiates Suo Moto Writ to Ensure Compliance with Premature Release Guidelines
In a significant move to enhance transparency and fairness in the criminal justice system, the Jammu and Kashmir High Court has initiated a Suo Moto writ petition to oversee the implementation of remission and premature release policies for life convicts. This action follows a directive from the Supreme Court, aimed at ensuring that all states and union territories adhere to a uniform policy framework for the premature release of convicts.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal presided over the matter, emphasizing the importance of compliance with the Supreme Court's judgment dated February 18, 2025. This judgment mandated that states and union territories formulate and implement comprehensive policies for granting premature release, as per Section 432 of the Criminal Procedure Code, 1973, and its corresponding Section 473 under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The High Court's involvement is particularly crucial for monitoring the compliance of the Union Territories of Jammu and Kashmir, and Ladakh. The court directed the relevant authorities, including the Principal Secretaries of the Home Departments and the Directors General of Police of both union territories, to ensure that the policies are not only implemented but also communicated effectively to the convicts and their legal representatives.
In addition to the state authorities, the Jammu & Kashmir and Ladakh Legal Services Authorities have been instructed to actively participate in this process. They are tasked with ensuring that convicts are informed of their rights to challenge any adverse orders concerning remission.
The High Court has appointed Senior Advocate Shivani Jalali and Advocate Mehreen Altaf as Amicus Curiae to assist in the monitoring and supervision of these policies. Their role will be pivotal in ensuring that the convicts' rights are upheld, and any discrepancies in the implementation process are promptly addressed.
The court has set a timeline, requiring an affidavit of compliance to be filed before the Supreme Court by January 20, 2026. This step underscores the judiciary's commitment to uphold the principles of justice and fairness, providing life convicts a fair chance at rehabilitation and reintegration into society.
The case is scheduled for further proceedings on December 16, 2025, where the court will continue to evaluate the progress made by the authorities in implementing these remission policies.
Bottom Line:
Monitoring and supervision of remission and premature release policies by the High Court in compliance with the directions of the Supreme Court.
Statutory provision(s): Criminal Procedure Code, 1973 Section 432, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 473
Court on its own motion v. Nemo, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2833970
