The number of prisoners increased in jails, Supreme Court said - Government should consider release with conditions
The Supreme Court has asked the courts and governments to consider the punishment of three years, five years, seven years, and 10 years as well as life imprisonment.
Sunil Shukla 
The burden of cases is increasing continuously in the courts of the country, while the number of prisoners in jails is increasing. In order to reduce the ever-increasing burden of prisoners in jail, the Supreme Court has given instructions for a conditional reduction in the sentence of the prisoners. The Supreme Court has said in its order that the criminals should be considered for release after spending more than half the time behind the bars in the sentence fixed for them.
The Supreme Court has asked the courts and governments to consider the punishment of three years, five years, seven years, and 10 years as well as life imprisonment. According to this order of the Supreme Court, after serving more than half the sentence, the offender can be released with certain conditions. The specifics of this guideline have also been clarified by the court.
A bench of Supreme Court Justice SK Kaul and Justice MM Sundaresh said in its order that if such prisoners give assurance in writing to the court that they have remorse for the crime they have committed. If whatever punishment the law has given to them is right, then the government can start the process of waiving the remaining sentence of such prisoners.
This will be the process of release of prisoners
A bench of Justice SK Kaul and Justice MM Sundaresh said that the government can also recommend and take action to release such prisoners from jail under its prerogative. The Supreme Court has also fixed a time limit for this. The court has said that the superintendent of every district jail will identify such prisoners and give their information and list to the District Legal Services Committee. The Legal Services Committee will make an application for them and send it to the government. The state governments will take a decision on the release of these applications within the stipulated time frame.
It Will be started in Delhi and Chhattisgarh
The Supreme Court has also said that the prisoners whose sentence will be waived under this scheme, such convicts will also have to withdraw their appeal filed in the High Court. This bench of the Supreme Court has also said in its order that this pilot project will be started from the High Court of Delhi and Chhattisgarh. Its report will be given to the Supreme Court in January 2022. The court also made it clear that the purpose of this order is not to take away the right of the convicts serving the sentence to appeal against the sentence by forcing them to write a confession. This instruction will be voluntary for the prisoners. If they want, they can implement it. The court also made it clear that in cases involving life imprisonment, where the convict has served 8 years or 16 years of imprisonment, then the District Legal Services Committee can also send an application to the High Court. The government will also take action on this within the stipulated time frame.
The court issued notice to the UP government
Under this pilot project, the Supreme Court has also issued a notice to the Uttar Pradesh government in the matter of releasing the prisoners. The court has said that Uttar Pradesh is the most affected state in this matter. There is also a large number of prisoners who have been sentenced to life imprisonment or more. The court also warned the UP government that if the reply was not received within a month, the Chief Secretary would be summoned to the court. At the same time, the Bihar government has given all such information to the National Legal Services Authority. Now the matter will be heard in January next year.
