Plea by Convicts in jail after completion of sentence: Supreme Court seeks reply from State of Uttar Pradesh
The Supreme Court today directed counsel to serve the copy of the plea which seeks release of convict(s) who have undergone their sentence of imprisonment but have not been released on bail by way of premature release by the Uttar Pradesh Government, due to their pending statutory criminal appeals to the standing counsel of State of Uttar Pradesh
The matter was heard by the bench of Justice AM Khanwilkar and Justice Sanjiv Khanna.
Advocate Rishi Malhotra appearing for the petitioner convicts submitted that the state of affairs in the state of UP are shocking.
“The petitioners have already undergone their imprisonment and are still languishing in jail,” Advocate Rishi Malhotra also contented.
The plea for release has been preferred by two convict(s) Ishaque and Nekpal who were arrayed as an accused u/s 302 IPC, convicted by the Trial Court and sentenced to undergo Rigorous Imprisonment for life and had thereafter filed a criminal appeal which remains pending before the High Court.
“Speedy trial though not specifically enumerated as a fundamental right is implicit in the broad sweep and content of Article 21 and no procedure which does not ensure a reasonably quick trial can be regarded as just and fair and would fall foul of Article 21. Infact, it further held that a reasonably expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21.It would be travesty of justice that a poor because of their meager means continues to remain in detention because of the fact that they cannot afford lawyers to get justice in their cases,” the plea states.
The plea relies on the Apex Court judgement in Hussanaira Khatoon v. Home Secretary, State of Bihar wherein the Court while considering the plight of undertrial prisoners some of whom had undergone even complete sentence for the conviction that could have been imposed on them had held that the procedure where such large number of people behind bars continues to be in long incarceration cannot possibly be regarded as reasonable, just or fair so as to be in conformity with the requirement of Article 21 of the Constitution.
The petitioners have averred that since they have already undergone sentences which were more than which they suffered by the relevant judgement of convictions by the Trial Court, no useful purpose would be solved in agitating their criminal appeals which remains pending before the High Court.
It has also been argued in the plea that the need of the hour is to release the petitioners on bail with further direction to the High Court that such cases be brought to the notice of the High Court in which Criminal Appeals are pending and the High Court should grant bail forthwith to these convicts so that when their statutory criminal appeals are listed the same does not become infructuous because of the sheer years of custody which they have already undergone.
It is pertinent to mention that Supreme Court bench of Chief Justice NV Ramana, Justice L Nageswara Rao and Justice AS Bopanna while hearing a Suo Moto Writ Petition on “Delay In release of Convicts After Grant of Bail” on July 16, 2021 had acknowledged the need of speedier delivery of orders for Execution and passed a direction to the Registry with respect to the same.
The matter is expected to be heard next week.
Case Title: Ishaque & Ors v. State of UP