The order came from a Bench of Justices Surya Kant while dealing with a petition filed by one Anand Kumar Singh — a former Central Reserve Police Force (CRPF) man sentenced to life imprisonment for shooting dead three CRPF personnel, including a senior officer on April 3, 2006 after being publicly scolded on an issue relating to leave.
Singh – who has spent over 18 years in custody – has sought his premature release. However, the UT of Jammu and Kashmir opposed his petition on the solitary ground that there was no policy framed by the UT Administration for premature release of prisoners on the basis of a period of incarceration.
“It seems to us that such a ground may not be tenable, as the formulation of policy falls within the exclusive domain of the State and, therefore, the Union Territory of Jammu & Kashmir is well advised to formulate an appropriate policy,” said the Bench – which also included Justice Ujjal Bhuyan said its November 8 order.
“We, consequently, direct the Chief Secretary of the Union Territory to take up the matter with the Competent Authority for taking a policy decision as may be deemed fit by the Competent Authority. A compliance report in this regard be submitted by the State counsel thereafter,” the Bench said, posting the matter for further hearing on January 3, 2025.
