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Supreme Court of India 2021-05-04 disposed

Beche Lal vs State of Uttar Pradesh and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This batch of writ petitions challenged the Uttar Pradesh premature release policy restricting consideration of life-sentence convicts to Republic Day only, when petitioners had served 16–31 years. The Court held the policy arbitrarily discriminatory and invalid. The Court established that as a welfare State, U.P. must periodically assess all eligible convicts' cases—not require prisoners to initiate applications, as many lack awareness or means. Prior rejections under old policies cannot bar fresh consideration under the 2018 policy. The Court directed individual reconsideration within four weeks and tasked the State Legal Services Authority with monitoring eligible but unable-to-apply prisoners. Parity among co-accused applies: if one is released, similarly situated convicts cannot be arbitrarily denied.

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Criminal Law Criminal Procedure Remission and Pardon Life Imprisonment Premature Release Constitutional Law Prisoners' Rights Administrative Law

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