SHARAFAT ALI versus STATE OF UTTAR PRADESH AND ANOTHER

SHARAFAT ALI versus STATE OF UTTAR PRADESH AND ANOTHER

The impugned order dated 30 July 2021 rejecting the petitioner's application for premature release was set aside for complete and patent non-application of mind; the petitioner's application must be reconsidered afresh on the basis of the policy as it stood on 17 January 2005, taking into account all relevant facts including prior criminal history, conduct in jail and danger to society, without requiring a fresh application, and within two months.

Parties
Petitioner: Sharafat Ali; Respondent: State of Uttar Pradesh and Another
Jurisdiction
India
Judgment Date
10 February 2022
Procedural Posture
Writ Petition (criminal) Under Article 32 / Disposed of
Outcome
Petition allowed; impugned order dated 30 July 2021 set aside; application for premature release to be reconsidered afresh.
Legal Topics
Premature Release, Life Imprisonment, Article 21 Right to Life and Personal Liberty, Judicial Review of Executive Order
Criminal Law Constitutional Law Premature Release Life Imprisonment Article 21 Right to Life and Personal Liberty Judicial Review of Executive Order

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Parties

Sharafat Ali

Petitioner

State of Uttar Pradesh and Another

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Disposed of

Legal Issues

  1. 1 Whether the executive order rejecting the petitioner's application for premature release suffered from non-application of mind
  2. 2 Whether an application for premature release must be considered on the basis of the policy as it stood on the date of conviction
  3. 3 What relevant factors (prior criminal history, conduct in jail, danger to society) must be considered when deciding premature release

Ratio Decidendi

The impugned order dated 30 July 2021 rejecting the petitioner's application for premature release was set aside for complete and patent non-application of mind; the petitioner's application must be reconsidered afresh on the basis of the policy as it stood on 17 January 2005, taking into account all relevant facts including prior criminal history, conduct in jail and danger to society, without requiring a fresh application, and within two months.

Court Disposition

Petition allowed; impugned order dated 30 July 2021 set aside; application for premature release to be reconsidered afresh.

Orders

  • Impugned order dated 30 July 2021 passed by the Government of Uttar Pradesh set aside.
  • The petitioner's application for premature release shall be reconsidered on the basis of the policy as it stood on 17 January 2005 (date of conviction).