NEW DELHI: The Supreme Court on Tuesday directed all states and union territories to immediately release any convict who has served his or her jail term and if he or she is not wanted in any other case.
A bench of Justices B V Nagarathna and K V Viswanathan expressed its displeasure over prisoners’ languishing in jail even after completing their sentence.
The court directed its registry to circulate the copy of the order to home secretaries of all states and UTs to ascertain whether any accused or convict has remained in jail beyond the period of sentence.
"If so, issue directions for release of such convicts if not wanted in any other cases. A similar copy shall be sent 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 judgment," the court said.
The court's direction came, while ordering the release of Sukhdev Yadav alias Pehalwan in the 2002 Nitish Katara murder case.
The bench found that Yadav had completed his sentence of 20 years in March, this year, without remission, and he should have been released after he completed his sentence.
The apex court made it clear that there can't be any further incarceration of Yadav 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.
Yadav approached the court against an order passed by the Delhi High Court in November 2024, which had dismissed his petition for releasing him on furlough for three weeks.
The apex court granted three months furlough to Yadav. The apex court had noted that Yadav had undergone 20 years of uninterrupted incarceration without remission.
The apex court had on October 3, 2016, awarded Vikas Yadav, who is the son of Uttar Pradesh politician D P Yadav, 25-year jail term without any benefit of remission. He, along with his cousin Vishal and their hench man Sukhdev Pehalwan, was convicted for killing Nitish Katara, a young MBA, over an affair with his sister.
Sukhdev Yadav was given a 20-year jail term.
The accused had kidnapped Katara from a marriage party on the intervening night of February 16 and 17, 2002 and then killed him.
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