The directive from the Supreme Court to the UT of Jammu and Kashmir to formulate a policy on the premature release of convicts marks a significant development in the legal landscape of the region. This call comes in light of the absence of any structured framework to guide decisions on premature release based on the period of incarceration-a framework that is present in other states and UTs in the country. The SC’s order came while hearing the case of a convict serving a life sentence for murder under Section 302 of the erstwhile Ranbir Penal Code and the Arms Act. The convict, a former CRPF personnel, has served more than 18 years in prison. However, his application for early release faced opposition from the J&K authorities, solely due to the lack of a policy outlining eligibility and procedural requirements for such considerations. By nudging J&K to address this policy void, the Court has underscored the essential role of defined, consistent protocols in delivering just outcomes within the criminal justice system.
This oversight in J&K’s administrative framework raises several issues. In most parts of the country, there are established guidelines allowing convicts to apply for remission or early release based on conduct, time served, age, health, and other factors. The absence of such guidelines in J&K results in inconsistencies in decision-making, with cases being handled on an ad hoc basis rather than through a transparent process. Without a defined policy, prisoners eligible for early release may remain incarcerated unnecessarily, leading to overcrowding in jails, increased state expenditure, and a denial of rehabilitation opportunities that could benefit both individuals and society. A structured remission policy could enable J&K to align with practices in other states, thereby ensuring a fair and predictable framework. Such a policy would consider various factors, including the nature of the crime, behaviour in custody, and the convict’s social reintegration prospects. Moreover, it would prevent arbitrary decisions, offering a measure of hope to those who have shown rehabilitation and remorse.
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