Free 13 life convicts, orders HC
The Telangana High Court asked the state government and the prisons department authorities not to show any discrimination while granting the benefit of remission to life convicts.
Justice K. Lakshman, while dealing with several representations from the kith and kin of life convicts who completed
15 years of imprisonment, seeking their release or bail, directed the jail authorities to release 13 convicts who are eligible for release under remission policy of the government.
It may be mentioned here that in view of the
Covid-19 pandemic situation where the risk of spread of virus in prisons is looming large, a three-judge bench of the Supreme Court directed state governments in 2020 to release prisoners on interim bail/parole based on the situation prevailing in the concerned states. According to that, the state government also released an order (GO) number 30 in September 2020.
The relatives of several convicts submitted representations to the High Court informing it that their applications for release of prisoners were not considered and the jail authorities were discriminatory in allowing remissions. In some cases, the directions of the High Court with regard to the release of prisoners were rejected.
Some of the life convicts have completed 17 to 25 years of imprisonment, but they were not considered for remission, even though they did not have a bad track record in prison.
Section 55 of Indian Penal Code provides that in every case in which a person is sentenced for life, the appropriate authorities may, without the consent of the offender, commute the punishment for a period not exceeding 14 years.
Section 57 provides that, for the purposes of calculating fractions, imprisonment for life shall be equivalent to 20 years. However, it has been settled by the apex court that life imprisonment means imprisonment for the remaining period of the prisoners’ natural life. There is no right of automatic release on the expiry of any period in any law. The state government is empowered under Section 432 (5) of IPC to make rules relating to award of marks and shortening of sentences.
The release of a prisoner is subjected to executive discretion. There are three kinds of remissions — constitutional, statutory, and remissions — earned in accordance with jail manuals.
Justice Lakshman, after going through each life prisoner's case before the bench, directed the authorities to release them under remission policy, recent supreme court directions and according to the state government orders. If the directions were not complied within four weeks, it would be viewed seriously, the judge cautioned the authorities.
The court also directed the jail authorities to look into the cases of life imprisonment, where convicts who are entitled to the benefits of the remission policy, by strictly following the Supreme Court directions, which categorically said the triple factors, (i) antecedents; (ii) conduct during incarceration; and (iii) the likelihood to abstain from crime, have to be evaluated while considering the premature release of convicts.