Case Note & Summary
The petitioner, Sri Omkarmurthy, a life convict serving sentence in Central Prison, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction by issuance of a writ of mandamus to the respondents, including the State of Karnataka, the Life Convicts Release Committee, the Director General of Police (Prisons and Correctional Services), and the Chief Superintendent of Central Prison, to place his case before the Life Convicts Premature Release Committee for consideration of premature release. The petitioner was convicted in S.C.No.52/2008 for offences punishable under Sections 201, 302 and 376 of the Indian Penal Code and sentenced to life imprisonment. He had been in custody since 23.11.2007 and was convicted on 12.10.2010. He filed a criminal appeal before the High Court in Crl.A.No.184/2020, wherein he was acquitted. The court heard the petitioner's counsel, Sri K.B. Monesh Kumar, and the Additional Government Advocate, Sri B.V. Krishna. The court noted the facts and directed the respondents to place the petitioner's case before the Life Convicts Premature Release Committee within two weeks from the date of receipt of the order. The Committee was directed to consider the case on its merits and pass appropriate orders within a further period of six weeks. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Premature Release of Life Convict - Articles 226 and 227 of the Constitution of India - Petitioner, convicted under Sections 201, 302 and 376 IPC and sentenced to life imprisonment, sought direction to respondents to place his case before the Life Convicts Premature Release Committee - Court held that the petitioner has a right to have his case considered by the Committee and directed the respondents to do so within a specified time - Held that the Committee must consider the case on its merits and pass appropriate orders (Paras 1-6).
Issue of Consideration
Whether the petitioner, a life convict, is entitled to a direction to the respondents to place his case before the Life Convicts Premature Release Committee for consideration of premature release.
Final Decision
The court directed respondents 1, 3 and 4 to place the petitioner's case before the Life Convicts Premature Release Committee within two weeks from the date of receipt of the order. The Committee was directed to consider the case on its merits and pass appropriate orders within a further period of six weeks. The writ petition was disposed of.
Law Points
- Mandamus
- Premature release
- Life convict
- Articles 226 and 227 of the Constitution of India
- Consideration of case by committee
