Supreme Court Directs States and High Courts on Premature Release and Remission Policies

States Given Deadlines for Compliance; High Courts to Monitor Implementation via Suo Moto Writ Petitions

In a significant ruling, the Supreme Court of India has issued directives to several states and High Courts concerning premature release and remission policies. The court has mandated the states of Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh, and West Bengal to ensure full compliance with draft policies and rules within two months. Meanwhile, Kerala has been granted four months to amend its legislation to provide reasons for rejection of premature release pleas.

The bench, comprising Justices M.M. Sundresh and Satish Chandra Sharma, emphasized the need for efficient monitoring of remission and premature release policies to prevent unnecessary incarceration. In a proactive move, the Supreme Court has requested Chief Justices of respective High Courts to register suo moto writ petitions. These petitions will facilitate the supervision of state remission policies, ensuring compliance with previous court directives.

The judgment also addressed the role of the Ministry of Home Affairs, highlighting practical difficulties due to pending requests requiring its concurrence. The court expects the Ministry to dispose of 18 pending cases from Karnataka, Haryana, Manipur, and Delhi within four weeks.

Additionally, the court extended a final four-week period to 12 High Courts that have not yet complied with an earlier order dated May 8, 2025, regarding the pendency of criminal appeals. The High Courts in question include Allahabad, Chhattisgarh, Delhi, Jammu & Kashmir & Ladakh, Jharkhand, Karnataka, Orissa, Rajasthan, Telangana, Tripura, Uttarakhand, and Bombay.

The Supreme Court has instructed the registry to transmit compliance records from states to respective High Courts and affidavits to the Amicus Curiae for supervision and assistance. The matter is scheduled for further hearing on January 20, 2026.

Statutory provision(s): Criminal Law - Premature release and remission policies, Pendency of criminal appeals, Role of Ministry of Home Affairs, Compliance monitoring

In Re Policy Strategy For Grant Of Bail, (SC) : Law Finder Doc Id # 2807286