The Supreme Court has ordered Jammu & Kashmir to create a policy for the early release of life sentence prisoners.
The Supreme Court has instructed the Union Territory of Jammu & Kashmir to develop a policy for the early release of prisoners based on their time served. This decision came while addressing a Writ Petition from Anand Kumar Singh, a former Central Reserve Police Force (CRPF) officer who is serving a life sentence for murder and violations of the Arms Act, 1959. He was convicted for shooting three fellow CRPF members, including a senior officer. Justices Surya Kant and Ujjal Bhuyan remarked that the state’s opposition to Singh’s request for early release was based solely on the lack of a policy for such cases.
The Bench stated that this reason may not hold up, as creating a policy is the responsibility of the State. They advised the Union Territory of Jammu & Kashmir to establish a suitable policy. During the hearing, Singh’s lawyer, Piyush Dwivedi, represented him. Singh, who has spent around 18 years in prison, is seeking early release. The case originates from a 2006 incident when Singh, on leave for his sister’s wedding, allegedly shot and killed three CRPF colleagues after being reprimanded by his superiors. He was arrested on the same day and has remained in custody since then.
The government of the Union Territory opposed his request, stating that there is no policy in Jammu & Kashmir for releasing convicts early based on their time served. The Court pointed out the necessity for a formal policy and asked the Chief Secretary of Jammu & Kashmir to work with the appropriate authority to make a decision. The Bench instructed the State Counsel to provide a compliance report by January 3, 2025, when the case will be reviewed. The Court stated, “We direct the Chief Secretary of the Union Territory to discuss this with the Competent Authority to create a suitable policy. A compliance report should be submitted by the State Counsel afterward. The case will be revisited on 03.01.2025.”
Cause Title: Anand Kumar Singh v. The State of Jammu and Kashmir [Writ Petition(s)(Criminal) No(s).335/2024]
