The government has to consider the premature release of all eligible convicts even if they or their families have not applied for it, the Supreme Court said today. The court also asked the governments of states and Union Territories that do not have a remission policy to formulate one.

“It is the obligation of the appropriate government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy,” said the court, which had taken up the policy for grant of bail suo motu. 

“In such cases, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission,” added the bench of Justices Abhay S Oka and Augustine George Masih.

“We direct those States and Union Territories that do not have a policy dealing with the grant of remission in terms of Section 432 of the CrPC or Section 473 of the BNSS to formulate a policy within two months from today,” the bench added.

The court added that the conditions for the release must aim at ensuring that the “criminal tendencies, if any, of the convict remain in check and that the convict rehabilitates himself in the society”. 

The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. 

The judges said it was the duty of the prison authorities to inform the convict of his right to challenge the order rejecting remission.

“An order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict. An order of cancellation of permanent remission must contain brief reasons. The District Legal Services Authorities shall endeavour to implement National Legal Services Authority SOP in its true letter and spirit,” said the bench.