HC orders Punjab to free 412 prison inmates, says they ‘can't be expected to live at whims and fancies of state'

Indian Express

24-05-2025

The Punjab and Haryana High Court has ordered the immediate interim release of 412 inmates whose premature release applications have been pending for over six months, calling out the state for 'trivialising' the delay and violating the prisoners' fundamental rights.
In an interim order this week, in the case of Malkit Singh and Others vs. State of Punjab, Justice Harpreet Singh Brar directed that all eligible prisoners be granted interim bail within two weeks. 'The incarcerated cannot be expected to live at the whims and fancies of the State, and neither does their incarceration entitle the administration to jeopardise their fundamental rights,' the judge observed, pulling up the state for its apathy.
The case has its roots in a surprise judicial visit to Ludhiana's jails in 2019, during which inmates flagged delays in the processing of their release. A fresh affidavit submitted on December 10, 2024, revealed that 412 such cases remain unresolved, prompting the court to act.
Justice Brar cited the Supreme Court's landmark ruling in Sunil Batra vs. Delhi Administration, reaffirming that 'all prisoners shall be entitled to all the rights bestowed upon the citizens by the Constitution of India'. The judgment reiterates that incarceration does not strip individuals of their right to dignity, liberty, and due process.
The court directed chief judicial magistrates across Punjab to oversee the release process and required the state to submit detailed reports on all pending premature release cases from the last two years. The registry has been asked to forward the list of 412 inmates to the respective magistrates to ensure compliance.
Additionally, the states of Haryana and Chandigarh have been ordered to file affidavits with a month-wise breakdown of similar pending cases. The matter will next be heard on August 6.
Justice Brar's ruling also referenced the Supreme Court's recent guidance in the 2025 In Re: Policy Strategy for Grant of Bail case, which obligates states to consider eligible convicts for release even without formal applications. Quoting Nelson Mandela—'To deny people their human rights is to challenge their very humanity'—Justice Brar underscored the need to shift from punitive incarceration to a reformative model of justice.