‘Absolutely unacceptable’: SC warns Gujarat of contempt action for delay on murder convict’s premature release plea
The Supreme Court holds that constitutional principles must be invoked in matters affecting life and liberty because any day of detention beyond the legally prescribed period amounts to illegal custody.
The Supreme Court has come down heavily on the Gujarat Government for delaying a decision on the premature release of a murder convict serving a life sentence, warning of “strict penal action” as well as suo motu contempt proceedings if the final order does not come by when he completes 14 years in prison.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan expressed its displeasure over the “absolutely unacceptable” delay on March 16 while hearing a special leave petition filed by Mahesh Kumar Jangid, convicted of murdering his wife in 2011 in Ahmedabad.
The Supreme Court order noted that the convict had completed the “minimum required period of incarceration” as of December 12, 2025, when the matter was heard last. The Government assured the court that the Jail Advisory Committee would decide on the matter soon.
The order also cited the Government’s 1992 policy, framed under section 432 of the Code of Criminal Procedure 1973, relating to the premature release of convicts. The order stated, “It is clear that the policy itself indicates that a person, as and when he or she completes the said period, a final order has to be passed on that day, inasmuch as the process is to be initiated three months prior to the date on which the person completes 14 years of imprisonment…”
The apex court further said, “We need not reiterate the fact that the right for premature release is not a fundamental right, but it does take the nature of a vested right in a prisoner once the State Government exercises its discretion and frames a policy… However, in matters which relate to life and liberty of a person, the Constitutional Principles have to be invoked, for the reason that every day beyond the period which in law has been prescribed, and in the present case, a statutory law relating to the period of incarceration, the person would be considered to be in illegal custody…”
Decision before convict completes 14 years in jail
Warning the Government that it would be liable to face suo motu contempt proceedings if the final order of premature release does not come latest by the day on which the convict completes 14 years of actual incarceration, the court said, “It is further clarified that in future, if the above stipulation as per the (1992) policy itself is not implemented in its entirety and mandatorily, the same shall entail strict penal orders from this Court, including, but not limited to, initiation of suo motu contempt against all the persons who do not act in terms of the policy or if the final order does not come latest by the day on which the convict completes 14 years of actual incarceration…”
The court stated that on the next date of hearing, April 7, the Government must bring on record the affidavit with the final order, failing which, “the Chief Secretary and the Additional Chief Secretary /Secretary, Department of Home, State of Gujarat and also the Inspector General of Prisons, Gujarat shall be personally present in Court to show-cause as to why proceedings be not initiated against them for
violation/non-compliance of this order”.
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The petitioner had challenged a 2023 order of the Gujarat High Court upholding his conviction under sections 302 and 498A of the Indian Penal Code and the sentence of life imprisonment imposed by the trial court in the 2011 incident.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
