High Court seeks comparative chart on remission eligibility from Punjab, Haryana

During the resumed hearing, the Bench referred to the states and remarked that effective monitoring would not be possible without clarity on whether the existing practices complied with the law. “We have been asked to monitor. How will we monitor unless we know whether what you are doing is correct or in accordance with law?” the Bench observed.

The court noted that the Union Territory of Chandigarh follows Punjab’s policy, whereas Haryana operates under a different statutory regime, resulting in variations in how eligibility is assessed. “It appears that the Union Territory, Chandigarh, follows the policy of the State of Punjab, while the State of Haryana follows a different policy,” the court recorded.

Seeking clarity, the Bench asked the states to specify the benchmark used to determine eligibility, querying where such criteria were laid down. Punjab informed the court that it was implementing its Premature Release Policy dated December 14, 2017, while Haryana stated that it was guided by the Haryana Prison Rules, 2022, framed under the Prison Act.

The Bench directed both states to jointly prepare a comparative chart detailing eligibility conditions under their respective executive instructions and statutory rules, and to submit the document along with an affidavit to facilitate judicial monitoring of remission and premature release policies. The court granted three weeks for filing the comparative chart and supporting affidavits.

The suo motu proceedings form part of a wider judicial initiative led by the Supreme Court to ensure consistent, timely and equitable consideration of remission and premature release, and to address overcrowding and delays within the prison system. Earlier, the apex court had requested Chief Justices of High Courts to initiate suo motu writ petitions and constitute division benches to supervise the implementation of remission and premature release policies across states.