There Is No Indefeasible Right Of Prisoner To Be Unconditionally Released On Expiry Of Any Particular Term Including Remissions: P&H High Court

Finding that the State Level Committee wanted to further watch the conduct of the petitioner on account of his criminal antecedents and for the said reason, the case of the petitioner was to be considered after two years, the Punjab & Haryana High Court held that a convict has no inherent right to claim premature release as life imprisonment means the whole life of the convict in jail.

A Single Judge Bench of Justice Jasjeet Singh Bedi observed that “there is no indefeasible right of such prisoner to be unconditionally released on the expiry of any particular term including remissions”.

Advocate Kartar Singh appeared for the Petitioner, whereas Asst. AG Neeraj Poswal appeared for the Respondent.

The brief facts of the case were that the petitioner was undergoing a life sentence in an FIR registered under Sections, 460, 411 IPC. In the meanwhile, in terms of the policy dated Apr 12, 2002, the petitioner had deposited all his documents for considering him for premature release. The State Level Committee however recommended that the premature release of the petitioner be deferred and re-considered after 20 years of actual sentence and 25 years of total sentence. Again, the petitioner moved a fresh representation for premature release, but the appropriate authority deferred the case of the petitioner for two years.

After considering the submission, the Bench noted that the State Government has framed premature release policies from time to time for consideration of cases of life convict for the premature release.

However, the Bench clarified that it is only a concession given by the State Government looking into various factors such as the conduct of the convict in jail, gravity and nature of the offence etc.

The High Court therefore dismissed the petition, although made it clear that the appropriate Government must pass a separate order remitting the unexpired portion of the sentence if so warranted.

Cause Title: Subhash v. State of Haryana and Ors. [Neutral Citation: 2023: PHHC: 118040]

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