Punjab and Haryana high court orders release of 412 prisoners in Punjab within 2 weeks
Chandigarh: Punjab and Haryana high court has ordered the interim release of 412 prisoners in Punjab within two weeks, observing that the authorities effectively treated inmates with pending applications for premature release as "second-class citizens".
Justice Harpreet Singh Brar opined that the policy instituted by the state for premature release is equally applicable to all 412 convicts, and denial of consideration under the same directly impacts their fundamental rights as enshrined under Articles 14, 19, and 21 of the Constitution of India. Justice Brar observed that once eligible to be considered for premature release according to the applicable policy, the state cannot deny them this concession without recording due reasons for the same.
"The state cannot indulge in cherry-picking and only provide the concession of premature release to a select few out of the pool of similarly situated convicts, and such an approach is highly inequitable," he observed.
According to an affidavit dated Dec 10, 2024, as many as 412 inmates applied for premature release till Dec 10, 2024. The court noted that the "conspicuous failure" on the part of the state agencies to process the applications of such a considerable number of inmates is "deeply concerning".
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The judge underlined the fact that the applicant-inmates were subjected to further incarceration when they may be eligible to be released.
"In denying them their legal right to be considered under a policy duly devised by the state for a specific purpose, the authorities have essentially categorised them as second-class citizens," Justice Brar noted.
Justice Brar held that the administration cannot comprehend the value of liberty as perceived by a prisoner, who lives its absence every single day.
"These 412 inmates may be entitled to be released, on the basis of a policy established by law that abides by the standards of 'fair, just and reasonable' as held mandatory by the Supreme Court...," Justice Brar pointed out.
Emphasising the constitutional guarantee of liberty and dignity, Justice Brar stated: "The fundamental rights, which include the right to liberty and dignity, have been granted by the Constitution, and not the state, for them to be withdrawn in this undignified fashion...
The prisoners have already been punished for the crime that resulted in their conviction..."
The judge said that, regrettably, in spite of the specific directions issued by the court in Pohlu alias Polu Ram (supra) as well as Pawan Kumar vs. D K Tiwari decided on Jan 30, 2023, the inmates awaiting consideration of their premature release applications are not being released on interim bail. Shockingly, some applications have been pending for almost two years.
In his order, the court directed the concerned chief judicial magistrates to release such prisoners on interim bail within two weeks of receipt of a certified copy of this order. The state of Haryana and the UT of Chandigarh have also been directed to furnish an affidavit containing the details pertaining to pending cases of premature release from last two years— 2023-24 and 2024–25—within eight weeks.
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