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The Supreme Court of India recently heard a plea by an under trial prisoner, challenging State High Powered Committee guidelines on the justification of being discriminatory and violative of Article 21 of the Constitution.

A Bench of Justices Vineet Saran and BR Gavai referring to 7^th May order observed that,

“in light of this order & in light of the UK HPC order. We'll issue notice in both the matters. We'll direct the HPC to consider the matter within 10 days. Notice returnable in 2 week.”

It is alleged that the State guidelines arbitrarily restrict parole to only under trials facing charges punishable below 7 years. The petitioner is under Judicial Custody since September 29 and has already faced incarceration of 1.5 years.

The petitioner Anil Saini was represented by AOR Rishi Malhotra who argued in court that,

“Purusuant to May 7, UK HPC has not only discussed to fresh undertrials. It does not even advert to the fact that the ones who are fresh undertrial. Just see page 52 of UK HPC order.

He further contends that, “I am facing trial under section 420.” The court here observed that, “You filed an application before the HPC? We'll direct the State of UK to consider your case within 10 days in light of order dated 7 may 2021.”

The petitioner submitted that the Uttarakhand HPC passed an order in March 2020 adopting the parameters put forth by the Supreme Court in its order. It was decided that cases under the POCSO Act, sexual offences against women, waging war against the State - convicts and undertrials would be released from prisons.

It is to be noted that, Supreme Court vide order dated 7.05.2021, passed a slew of directions decongesting Jails, where it mandated the State HPCs to consider release of prison inmates by adopting guidelines such as SOP by NALSA.

The plea further stated that based on the Supreme Court directions, the HPC, Uttarakhand constituted to pass appropriate directions regarding the release of prisoners from Uttrakhand Jails on Parole or Interim bails.
However, the HPC further directed that such prisoners including undertrials who do not come within the exceptions but are convicted or facing trial for offences carrying a sentence of more than seven years, will not be entitled for parole or interim bail.

The petitioner, who is facing trial since September 2019 for cheating and other offences having punishment of more than 7 years has already undergone the half of his sentence and therefore he contended that "fallacy is that no one knows what would be the fate of his trial and even if it is to be assumed that the petitioner is convicted then still it is uncertain about how much sentence will be awarded."

 

The matter will be heard again after 10 days.