The Punjab and Haryana High Court has ordered the release of 412 prisoners in Punjab on interim bail within two weeks, whose applications for premature release are pending. Justice Harpreet Singh Brar also criticised the state authorities for their apparent failure to act on the applications of the prisoners.
Justice Brar said that the apparent failure on the part of the state agencies to act on the applications of such a large number of prisoners is extremely worrisome. By doing so, the applicant-prisoners have suffered further imprisonment when they could have been eligible for release. Such an undisciplined approach is symptomatic of the culture of indifference that has developed towards the rights and welfare of convicts.
The bench also directed Haryana and the Union Territory of Chandigarh to file affidavits with details of the premature release cases pending for the last two years. Justice Brar said that prisoners cannot be treated like second class citizens and warned the administration against selectively registering cases depriving them of fundamental rights.
The directions came after an affidavit dated December 10, 2024 indicated that applications for premature release filed by 412 convicts in various jails in Punjab were pending. Justice Brar said the state’s failure to consider eligible convicts for premature release was violative of the Constitution.
Once a convict is eligible to be considered for premature release as per the policy in force, the state cannot deny him this concession without recording proper reasons for the same. The state is duty-bound to act impartially and proceed in accordance with the policy formulated by it so as not to discriminate between similarly situated persons in the absence of any clear distinction.
Warning to Punjab
The bench said non-arbitrariness is one aspect of Article 14 of the Constitution. The state and all its agencies are required to comply with it. Justice Barard cautioned the state that prisoners cannot be expected to live according to the will of the state nor does their incarceration give the administration the right to threaten their fundamental rights.
Emphasizing on the constitutional guarantee of liberty and dignity, Justice Barard said that fundamental rights, including the right to liberty and dignity, are granted by the Constitution and not by the state. These rights are inherent in all individuals by virtue of their humanity, which places them outside the purview of arbitrary authority.
Court has no option but to issue directions
The bench said that no action was taken on the applications, forcing the Court to intervene despite specific directions of the High Court. Shockingly, some of the applications are pending for almost two years. As such, this Court has no option but to direct the Chief Judicial Magistrates concerned to release such prisoners on interim bail within two weeks of receipt of a certified copy of this order.