The apex court also said that it has suggested to the National Informatics Centre (NIC) that the software being used in Uttar Pradesh for the early release of prisoners be coded for nationwide implementation.
The matter has been listed for further compliance on May 18.
Justices J K Maheshwari and Atul S Chandurkar of the Supreme Court directed the state to develop a digital system to automate the remission process. (Image enhanced using AI)
One nation, one software
- The NIC has successfully developed the ‘E-Prisons Early Release Processing Module’ (hereinafter referred to as the “Processing Module”).
- This has been done within the pre-existing e-Prisons platform for processing the applications for premature release of prisoners under the five policies in the state of Uttar Pradesh.
- The Processing Module is currently attuned with the policies for early release applicable in the state of Uttar Pradesh.
- We are directing its implementation as a pilot project in the Central Jail, Agra and the District Jail, Lucknow.
- We have suggested to the NIC that the software be coded in such a manner that upon successful completion of the pilot project in the said jails, the software can be widely implemented.
- First across jails in Uttar Pradesh and then across the country, tweaking the software to adapt to the different policies for early release applicable in different states.
- It is also our vision and hope that the Processing Module will, in the future, seamlessly integrate the data available with the police, prison authorities, and the judiciary to further automate the process and to make it completely paperless.
- Ultimately, this court intends to ensure that in the future, a catch-all software can be prepared which can be made applicable across the board in all states across the country.
- Both software can contribute towards achieving a seamless system for automating the process of consideration of early release applications.
Digital reform: E-prisons early release module
On March 4, 2025, the Supreme Court had directed the state to develop a digital system to automate the remission process.
In response, the state, in collaboration with the National Informatics Centre, developed the ‘E-Prisons Early Release Processing Module’.
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The system aims to automatically identify eligible prisoners four months in advance, enable paperless, digital processing of applications, provide real-time updates to prisoners and families via SMS/WhatsApp, enforce timelines and accountability at every stage, and offer centralised monitoring dashboards for authorities.
The module will be piloted in Central Jail, Agra, and District Jail, Lucknow, with a plan for expansion across Uttar Pradesh and potentially other States.
While examining the case, the Supreme Court was confronted with serious irregularities in the grant of bail and remission, leading it to expand the scope of proceedings to review systemic lapses in Uttar Pradesh’s premature release framework.
Eligible prisoners stuck in administrative gridlock
The Supreme Court noted that a large number of prisoners who had completed the required sentence remained stuck in procedural delays.
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Data submitted before the apex court revealed 1,678 prisoners had completed over 14 years of imprisonment.
The Supreme Court said that 915 cases were yet to be forwarded to competent authorities, 431 cases were pending before district magistrates, and several proposals were delayed due to missing documentation.
Describing the situation as deeply troubling, the Supreme Court observed that the delays were “non-explanatory”.
The top court also said that these delays undermined the legal right of eligible prisoners to have their cases considered for premature release.
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158 prisoners released, many ineligible
The state’s response revealed that 158 prisoners had been released on interim bail pursuant to earlier Allahabad High Court directions in another case.
However, a subsequent full bench ruling clarified that such blanket directions were not legally sustainable, as the power to grant remission lies exclusively with the appropriate government authority.
Following this clarification, 56 arrest warrants were issued, 25 prisoners were re-arrested, and 31 prisoners remain untraced.
Of all, 21 prisoners, including the present appellant, had not completed the mandatory 14-year imprisonment, making them ineligible for premature release under existing policies.
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Release without legal basis raises alarm
The trigger for the Supreme Court’s intervention was the appellant’s release on bail after serving merely two years and five months of imprisonment, far short of the statutory threshold required for consideration of premature release.
The release was purportedly based on directions issued in an unrelated case, prompting the court to question how such an order could be applied without any judicial sanction in the appellant’s own matter.