Deccan Chronicle

Free 13 life convicts, orders HC

- VUJJINI VAMSHIDHAR­A I DC

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.

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