Case Note & Summary
The petitioner, Shalik Maruti Kowe, was convicted for murder under Section 302 of the Indian Penal Code on 23 June 1997 and sentenced to life imprisonment. He was initially lodged at Amravati Central Prison and later transferred to Morshi Open Prison on 14 May 2008 due to good conduct. While at the open prison, he earned remission. On 17 May 2009, the petitioner escaped from the open prison to visit his sick mother at his native place. He surrendered to the police station at Pandharkavada within three days, along with his relatives. However, a crime was registered against him under Section 224 of the Indian Penal Code for escape from custody. The Judicial Magistrate First Class, Morshi, convicted him for that offence. Subsequently, the prison authorities forfeited all remission earned by the petitioner under Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962. The petitioner challenged the forfeiture orders dated 19 June 2012 and 22 June 2012 passed by the Deputy Inspector General of Prisons and the Incharge Principal District & Sessions Judge, Amravati, respectively. By way of amendment, he also challenged the vires of Rule 22(i) as being violative of Article 14 of the Constitution of India. The court considered whether Rule 22(i) is unconstitutional. The court held that Rule 22(i) applies uniformly to all prisoners who escape or attempt to escape from prison, and the classification is reasonable and based on intelligible differentia. The rule does not violate Article 14. The court further held that the forfeiture of remission is automatic upon escape and does not require consideration of subsequent surrender or good conduct. The petition was dismissed.
Headnote
A) Constitutional Law - Article 14 - Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 - Challenge to vires - The petitioner challenged Rule 22(i) as violative of Article 14, arguing that it provides for forfeiture of remission upon escape without considering the circumstances. The court held that the rule applies uniformly to all prisoners who escape or attempt to escape, and the classification is reasonable and based on intelligible differentia. The rule does not violate Article 14. (Paras 1-10) B) Prisons Law - Remission - Forfeiture - Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 - The petitioner, convicted under Section 302 IPC, escaped from open prison to visit his mother but surrendered within three days. The authorities forfeited his remission under Rule 22(i). The court held that the forfeiture is automatic upon escape and the rule does not require consideration of subsequent surrender or good conduct. The petition was dismissed. (Paras 2-10)
Issue of Consideration
Whether Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962 is ultra vires Article 14 of the Constitution of India and whether the forfeiture of remission earned by the petitioner is valid.
Final Decision
The petition is dismissed. The orders forfeiting remission are upheld. Rule 22(i) of the Maharashtra Prisons (Remission System) Rules, 1962 is held not violative of Article 14 of the Constitution of India.
Law Points
- Forfeiture of remission upon escape from prison
- Rule 22(i) of Maharashtra Prisons (Remission System) Rules
- 1962
- Article 14 of Constitution of India
- Section 224 of Indian Penal Code
- Section 302 of Indian Penal Code
