Release Prisoners Who Completed Jail Term: Supreme Court

Aug 13, 2025 - The Supreme Court on Tuesday, August 12, directed the immediate release of all prisoners across the country who have completed their sentences. The Court said that if a convict is not wanted in any other case, they must be released immediately — no separate order is required for this.

The Bench of Justice BV Nagarathna and Justice KV Viswanathan expressed concern over prisoners languishing in jail despite completing their sentence. The Court was hearing a petition filed by a convict in the 2002 high-profile Nitish Katara murder case. The petitioner, Sukhdev Yadav alias Pehalwan, had completed his 20-year sentence in March and approached the Supreme Court after not being released.

The Bench cited Article 21 of the Constitution, which guarantees the right to live with dignity, and expressed concern over convicts being kept in prison even after serving their sentence. The Court remarked that if the administration continues this way, convicts will die in jail.

All States and Union Territories were directed to immediately free all those who were eligible for release and not wanted in any other case.

“Copy of this order should be circulated by Registry to Home Secretaries of all states and UTs to ascertain whether any accused or convict has remained in jail beyond the period of sentence,” the Bench said.

Regarding life imprisonment, the Bench clarified that after completing the sentence period in jail, a convict does not need to file a separate appeal for release. In the petitioner’s case, since he had already completed his 20-year life sentence, he should be released without requiring any further Court order.

A separate order is only needed in cases where the convict is sentenced to remain in prison for their entire life. In such instances, a plea may be filed requesting release after serving a specific period.