Supreme Court Directs States/UTs To Ascertain If Any Prisoner Is Remaining In Jail Even After Serving Sentence

The Supreme Court on Tuesday (August 12) issued an important direction to the Home Secretaries of all States and Union Territories to ascertain if any convict is remaining in prison beyond the period of sentence.

If any such convict is continuing in prison, then they should be immediately released, if not wanted in any other case, the Court ordered.

A bench comprising Justice bv nagarathna and Justice KV Viswanathan passed the direction while ordering the release of an accused, after noting that he has completed the sentence period even without remission.

The Court also directed that the order be sent to the Member Secretary of the National Legal Service Authority for being transmitted to the District Legal Service Authorities in the States.

“we hold that in all cases where an accused/convict has completed his period of jail term, he shall be entitled to be released forthwith and not continued in imprisonment if not wanted in any other case. We say so in light of Article 21 of the Constitution of India which states that no person shall be deprived of his life or personal liberty except according to procedure established by law,” the Court observed.

Also from the judgment – Convict Who Completed Fixed Term Life Imprisonment Entitled To Be Released Without Applying For Remission : Supreme Court

Cause Title: SUKHDEV YADAV @ PEHALWAN VERSUS STATE OF (NCT OF DELHI) & OTHERS

Citation : 2025 LiveLaw (SC) 792