Case Note & Summary
The petitioner, serving a life sentence for murder and robbery since 1996, approached the Supreme Court seeking premature release after completing over 26 years of actual imprisonment. Initially acquitted by the trial court, the High Court later convicted him, leading to a life sentence. The petitioner argued that he had earned remission and met the criteria for release under various prison rules. Despite being recommended for release by the Advisory Board on three occasions, the state government rejected these recommendations citing a policy against releasing convicts involved in murder of women. The petitioner contended that the remission policy in effect at the time of his conviction should apply, and that the state’s recent guidelines were arbitrary and violated his legal rights. The state maintained that the decision to grant remission was discretionary and based on the nature of the crime. The court analyzed the statutory provisions and the state’s guidelines, emphasizing the importance of individual consideration in remission cases. It concluded that the petitioner’s long incarceration and good conduct warranted his release, directing the state to release him immediately. The writ petition was thus allowed, and pending applications were disposed of.
Headnote
A) Constitutional Law - Right to Remission - Legal Right to Consideration for Remission - Constitution of India, Article 32 - The petitioner, having served over 26 years of actual imprisonment, sought premature release based on statutory provisions and good conduct. The court held that the state government's repeated rejection of the petitioner's plea without adequate reasoning was arbitrary and unsustainable, warranting intervention (Paras 25-35).
Issue of Consideration
Whether the petitioner is entitled to premature release after serving over 26 years of actual imprisonment.
Final Decision
The Supreme Court allowed the writ petition, directing the immediate release of the petitioner, finding the state government's repeated rejections arbitrary and unsustainable.
Law Points
- Premature release
- Remission policy
- Life imprisonment
- Good conduct
- Discretion of executive
