Which policy governs a life convict’s premature release — conviction date or the current one?

The policy which was in existence on the date of the conviction governs the consideration of each case for premature release. In the event that a more liberalized policy is instituted subsequently, the case should be considered on the basis of the more liberalised provision.

Uttar Pradesh Prisoners (Release on Probation) Act 1938 — Code of Criminal Procedure 1973 — s.432 — s.433A — Premature release — Policy on the date of conviction — Arbitrary yardstick — Premature release — Applicable policy — Date of conviction — Held: A convict’s case for premature release is governed by the policy in existence on the date of the conviction; where a more liberalised policy is instituted later, the case is to be considered on the basis of the more liberalised provision. (¶5, 6) Premature release — State bound by its own Rules and Standing Policy — Held further: Having formulated Rules and a Standing Policy, the State is bound by its own formulations of law and cannot adopt an arbitrary yardstick for picking up cases for premature release. (¶13) Premature release — Equal, efficient and transparent application — Held further: The provisions of the law must be applied equally to all persons, and efficiently and transparently, so as to obviate the grievance of uneven application; an arbitrary method is liable to grave abuse. Directions issued. (¶13, 15)

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