Supreme Court Grants Final Two-Month Deadline to Five States to Enforce Premature Release Policies

Bench warns Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh, and West Bengal of non-compliance; asks High Courts to monitor progress.

New Delhi, Nov 2025 : The Supreme Court on Thursday granted a “last and final opportunity” to five states — Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh, and West Bengal — to fully implement their policies on the premature release of convicts.

A Bench of Justices M.M. Sundresh and Satish Chandra Sharma, hearing the suo motu case titled In Re: Policy Strategy for Grant of Bail, which examines systemic issues surrounding bail and remission policies across India, directed the states to ensure “full and complete compliance” within two months.

Taking note of submissions made by Amicus Curiae Liz Mathew, the court observed that the five states had yet to adopt and implement the draft remission policy and rules, including amendments required to give effect to its earlier directions.

The Bench recorded assurances from the state governments that the necessary steps would be completed within the prescribed timeframe. “Accordingly, as a last and final opportunity, we grant two months’ time to the States of Assam, Himachal Pradesh, Meghalaya, Uttar Pradesh and West Bengal to ensure full and complete compliance from the date of this order,” the court said.

The top court also noted that Kerala had partially complied with its directions and granted the state four months to enact legislative amendments requiring authorities to record specific reasons while rejecting pleas for premature release.

Emphasizing the importance of timely consideration of remission cases, the court said that state governments must undertake this exercise “at least six months prior to the eligibility of a convict so that unnecessary incarceration even after a convict becomes eligible for premature release can be avoided.”

Significantly, the Supreme Court accepted the amicus’ suggestion that High Courts should monitor the implementation process. “We request the Hon’ble Chief Justices of the respective High Courts to register a suo motu writ petition and constitute a Division Bench to monitor and supervise the implementation of the remission and premature release policies of the respective States,” the order stated.

The court’s direction marks a renewed push for uniformity and accountability in remission practices across India, ensuring that eligible prisoners are not kept behind bars due to bureaucratic delay or policy inaction.