2021 (10) TMI 1446 - SC - Indian Laws

Directions regarding jail petitions - Pre-mature release of life convicts - HELD THAT - What emerges from the chart is that in 232 such cases fixed term sentences have been imposed ranging from 3 years to 20 years while the remaining 129 cases are life sentence cases. In fixed term sentences, the accused in some cases has undergone more than half the sentence, if not more, similarly in some life sentence cases, the accused has undergone custody for more than 10 years. The other High Court where this aspect has been explored is the Chhattisgarh High Court, more so, in the context of the reliance placed on rule 149 of the High Court of Chhattisgarh as recorded in the Order dated 07.07.2021. It is in view thereof certain suggestions have been made. These suggestions are agreed and it is sought to expand on the same. A similar exercise be undertaken by the High Court Legal Services Committee of different High Courts so that convicts represented by legal aid Advocates do not suffer due to delay in hearing of the appeals. NALSA will circulate this order to the concerned authority and monitor the exercise to be carried on - The Delhi High Court Legal Services Committee would take up the cases of those convicts who have undergone more than half the sentence in case of fixed term sentences and examine the feasibility of filing bail applications before the High Court, while in case of life sentence cases, such an exercise may be undertaken where eight years of actual custody has been undergone. List on a non-miscellaneous Tuesday in the month of January, 2022.

Summary

Issues:
1. Application for modification of court order dated 07.07.2021.
2. Impleadment application dismissed.
3. Directions regarding jail petitions.
4. Pre-mature release of life convicts.
5. Appeals pending before High Courts.
6. Hearing of SLP (CRL.) No. 514/2021 on merits.

Analysis:
1. The Supreme Court allowed the application seeking permission to file an application for modification of the court order dated 07.07.2021. The Supreme Court directed that the Supreme Court Registry should be substituted in place of SCLSC as per the request made by the parties. The application for modification was disposed of accordingly.

2. The Supreme Court dismissed the applications for permission to file an application for impleadment and impleadment in view of the order passed regarding the modification of the court order dated 07.07.2021. The court found impleadment unnecessary and hence dismissed the applications.

3. The court issued directions regarding jail petitions, emphasizing the need for obtaining the current status of convicts, calling for custody certificates, and examining the eligibility for pre-mature release. The court also instructed NALSA to prepare documents and move jail petitions in appropriate cases. The court appreciated the efforts made in categorizing and disposing of cases while highlighting the deficiencies that need attention.

4. Regarding the pre-mature release of life convicts, the court discussed ongoing projects in different states and directed NALSA to contact relevant state governments for necessary exercises. The court expressed concern over the lack of response from certain states and granted liberty to take action if required information is not provided within a specified timeframe.

5. The court addressed appeals pending before High Courts, focusing on cases handled by High Court Legal Services Committees. Directions were issued for a similar exercise to be undertaken by different High Courts to prevent delays in hearing appeals. Specific guidelines were provided for cases with fixed term sentences and life sentences, emphasizing the need for timely legal aid representation.

6. The court adjourned the hearing of SLP (CRL.) No. 514/2021 on merits to a non-miscellaneous Tuesday in January 2022. The court discussed the aspects arising from the appeals pending before High Courts and the need for a detailed examination of cases with fixed term sentences and life sentences to ensure timely legal aid representation and consideration of appeals based on sentence undergone.