The Supreme Court in the case Karuna Shankar v. State of UP, wherein the bench comprising of Chief Justice DY Chandrachud and Justice PS Narasimha observed and has issued strict directions to the Director General of Prisons of Uttar Pradesh for taking all the necessary steps to ensure that applications are duly considered for premature release or remission. The court passed the said direction in the case where a person was convicted on 2nd February 1984 for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 and is being sentenced to suffer rigorous imprisonment for life. In the present case, the petitioner had been in custody for 15 years and 14 days without remission and for 19 years and 04 months with remission. Therefore, the petitioner filed the plea for premature release and the same remained pending since September 2019 for well over three years and three months. However, it has been noted by the court that it being a settles position of law laid down by this court and the application filed by the petitioner is required to be considered on the basis of the policy as it is being stood on the date of the conviction. Subsequently, if more liberalized regime has been brought into effect, this should also be considered. It has also been found by the court that the delay which is caused in processing the application for premature release was without any reason or justification. In its order, CJI DY Chandrachud stated that this court while taking notice of the sorry state of affairs in the matter of the release of convicts who have undergone long terms of imprisonment and issued directions to the Director General of Prisons, UP in an earlier case, this court is not in these proceedings taking up the issue which is pending consideration. It has also been held by the court that the Director General of Prisons and all concerned authorities are placed on notice that this Court would be constrained for taking the resources to the coercive arm of law if other instances which indicates recalcitrance of the authorities in dealing with such applications which are being brought to the notice of the Court. Accordingly, it has been directed that within a month from the date of this order, the Director General of Prisons shall take all necessary steps for ensuring that the application for premature release is duly being considered and disposed of and file an affidavit of compliance before this Court on or before 15.02.2023.
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