Can woman whose death sentence was commuted to life get parole: HC to state

The duo was convicted for kidnapping 13 children, killing some of them and using the others as cover to snatch purses and chains between 1990 and 1996. The HC, in January, 2022, observing that the state machinery showed “laxity and indifference” in deciding on their mercy pleas, had commuted the death sentences awarded to two sisters, Renuka Shinde and Seema Gavit, to life imprisonment. The death sentences of Shinde and Gavit, both from Kolhapur, were confirmed by the Supreme Court in 2006.

The court had pulled up the state for the “unexplained, gross delay” in disposal of the sisters’ mercy petitions and said that “due to the casual approach of officers of state, mercy pleas were not decided for seven years, 10 months and 15 days, between 2006 and 2014.”A bench of Justices Bharati H Dangre and Manjusha A Deshpande on December 20 was hearing Shinde’s plea seeking parole/furlough.

Advocate Vagal for petitioner had referred to past Supreme Court judgment in Atbir vs State of NCT of Delhi case, in which the top court had disapproved the blanket denial of furlough by highlighting the object and purpose for which the provision of furlough and parole is intended to achieve.

Therefore, Vagal submitted that the denial of petitioner’s right by authorities, that relied on Prisons Bombay Furlough and Parole) Rules, 1959 was “arbitrary”.

The state government raised an objection to the plea stating that while upholding order of the commuting death sentence, the SC on April 13, 2023, modified the same and directed that, “the accused to undergo life imprisonment for natural life and without any remission.”

“The question that arises for us in this background is whether the order of the Apex Court directing the accused to undergo life imprisonment for natural life without any remission would exclude her release on parole / furlough, which forms a part of the remission system,” the bench noted.
It asked Vagal and Additional Public Prosecutor M M Deshmukh for the state to “throw some light” on the issue and posted further hearing to January 21.