CHANDIGARH, May 25— The Punjab and Haryana High Court has directed the release of 412 convicts lodged in Punjab’s jails on interim bail within two weeks, after finding the state failed to process their applications for premature release in a timely manner.
Justice Harpreet Singh Brar, who issued the order, pulled up state authorities for their prolonged inaction and disregard for the rights of prisoners. “The incarcerated cannot be expected to live at the whims and fancies of the state,” the judge remarked, adding that such conduct undermines the constitutional guarantees of liberty and dignity.
The ruling came after a December 10, 2024 affidavit revealed that applications from 412 inmates, submitted under the state’s premature release policy, had been left pending without valid justification. Some cases had seen no movement for nearly two years.
Justice Brar said the state’s failure to consider eligible inmates for release violated Articles 14, 19, and 21 of the Constitution, which ensure equality, freedom, and the right to life. “The fundamental rights, which include the right to liberty and dignity, have been granted by the Constitution and not by the state, for them to be withdrawn in this undignified fashion,” he stated.
“The state is duty-bound to act fairly, follow its own policy, and not discriminate among similarly situated persons,” the court observed, warning against arbitrary decision-making. It added that any denial of the concession of premature release must be supported by recorded reasons.
Justice Brar further cautioned the administration against selectively processing cases, calling such cherry-picking unacceptable. “Prisoners cannot be treated as second-class citizens,” he said.
The bench also instructed the governments of Haryana and the Union Territory of Chandigarh to file affidavits disclosing the number of pending premature release applications over the last two years.
In light of the continued delay, the court ruled that the Chief Judicial Magistrates concerned must ensure the release of the affected inmates on interim bail within two weeks of receiving the certified copy of the order.
Calling the delay “symptomatic of a culture of apathy,” Justice Brar stressed, “This undisciplined approach deeply concerns the court. It reflects a disregard for the rights and well-being of convicts.”
