Release prisoners who have completed sentence: SC
New Delhi: The Supreme Court on Tuesday expressed concern over prisoners languishing in jails despite having completed their sentence and directed all states and union territories to immediately release such convicts if not wanted in other cases.
A bench of Justices B V Nagarathna and K V Viswanathan passed the direction while ordering the release of Sukhdev Yadav alias Pehalwan in the 2002 Nitish Katara murder case.
It noted Yadav completed his sentence of 20 years in March this year without remission.
“We hold that in all cases where an accused/convict has completed his period of jail term, he shall be entitled to be released forthwith and not continued in imprisonment if not wanted in any other case,” the bench said.
The top court invoked Article 21 of the Constitution of India which states no person shall be deprived of his life or personal liberty except according to procedure established by law.
“Copy of this order should be circulated by Registry to Home Secretaries of all states and UTs to ascertain whether any accused or convict has remained in jail beyond the period of sentence,” the bench said.
The order went on to issue directions for release of such convicts if not wanted in other cases.
“A similar copy shall be send to member secretary National Legal Service Authorities for onward transmission to all member Secretaries of state and UTs Legal Service Authorities for communication of District Legal Service Authorities in the states for the implementation of judgement,” it added.
The apex court said Yadav should have been released after he completed his sentence.
“There can’t any further incarceration of appellant herein from March 9, 2025, onwards…. In fact on March 10, 2025, the appellant ought to have been released, as he completed his sentence,” the bench said.
The top court had previously granted three months furlough to Yadav, noting his 20 years of uninterrupted incarceration without remission.
Furlough is a temporary release from prison, not a suspension or remission of the entire sentence, and is typically granted to long-term inmates who have served a portion of their sentence.
Yadav’s plea challenged a November 2024 order of the Delhi High Court, which dismissed his petition for releasing him on furlough for three weeks.
On October 3, 2016, the Supreme Court gave a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal Yadav for their role in the sensational kidnapping and killing of Katara.
Co-convict Sukhdev Yadav was given a 20-year jail term.
They were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16 and 17, 2002 and then killing him for his alleged affair with Vikas’ sister Bharti Yadav.
Bharti is the daughter of Uttar Pradesh politician D P Yadav.
The trial court observed that Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti due to their different castes.
