Make policy on early release of life convicts in 3 months: HC to Hry

CHANDIGARH: The Punjab and Haryana high court has directed the Haryana government to formulate a policy on premature release of convicts serving life sentences within three months.

The HC bench of justice Gurvinder Singh Gill said till the time such a policy is finalised, the governor can consider release of convicts under Article 161 of Constitution of India (under which governor deals with cases of premature release) taking facts of each case into account. The state government too can consider cases of premature release under 2008 policy under sections 432 and 433 of Code of Criminal Procedure (CrPC), which empower it to deal with such cases.

The court found that the 2008 notification was issued in the name of governor, but the guidelines were framed with provisions under which the state is empowered to order premature release of life convicts. Due to this, there were guidelines for examining such cases by the state, not the governor.

The order came on the plea of one Raj Kumar convicted in a murder case by a Gurugram court in 2010.