In a significant directive aimed at preventing unlawful detention, the Supreme Court on Tuesday ordered all states and Union territories to identify and release, without delay, convicts who have already completed their prison sentences.
The order came during the hearing of a plea by Sukhdev Pehalwan, a convict in the high-profile Nitish Katara murder case. A bench comprising Justice B.V. Nagarathna and Justice K.V. Viswanathan directed that such prisoners must be freed immediately, provided they are not wanted in any other criminal matter.
“All such individuals must be released at once, without awaiting further formalities,” the bench said, underscoring that no person should remain incarcerated beyond the period mandated by law.
The bench ordered the immediate release of Sukhdev Pehalwan, noting that he had already served his full term, even without taking remission into account.
To ensure nationwide compliance, the court directed that its order be communicated to the home secretaries of all states and UTs. It further instructed that a copy be sent to the Member Secretary of the National Legal Services Authority (NALSA), who will ensure the directive reaches all District Legal Services Authorities (DLSAs) for implementation.
