The Delhi High Court has initiated a suo motu (on its own motion) petition to actively monitor and supervise the implementation of policies regarding the remission and premature release of convicts in the National Capital Territory of Delhi.
Supreme Court Mandate
The action was taken on Wednesday by a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, following a recent directive from the Supreme Court in the matter of Re Policy Strategy For Grant Of Bail.
On November 4, the Apex Court had requested all High Courts to:
- Register a suo motu writ petition.
- Constitute a division bench to monitor and supervise the implementation of the remission and premature release policies of their respective states.
- Inform the Supreme Court of the progress via an affidavit.
The Supreme Court had expressed dissatisfaction over the failure to properly implement these policies in several states (including Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh, and West Bengal).
Key Directions Issued
In compliance with the Supreme Court’s order, the Delhi High Court bench issued the following directions:
- Affidavit Mandate: The Delhi Government’s Department of Home Affairs (through the Additional Chief Secretary) has been directed to file an affidavit within two weeks.
- Required Documents: The affidavit must detail the current policies regarding remission and premature release, including all relevant circulars, Rules, Regulations, government orders, or statutory provisions.
- Amicus Curiae: Senior advocate Siddharth Agarwal has been appointed as amicus curiae (friend of the court) to assist the bench in the matter.
- Next Hearing: The case is listed for further hearing on January 13, 2026.
The Supreme Court previously advised state governments to begin the premature release process for eligible convicts “at least six months prior to the eligibility” to avoid unnecessary incarceration time.