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This is an archive article published on October 23, 2007

Early release of lifers: Centre asked to file reply

The Union Government on Monday assured the Supreme Court that it will file a comprehensive affidavit within four weeks on the issue of premature release...

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The Union Government on Monday assured the Supreme Court that it will file a comprehensive affidavit within four weeks on the issue of premature release of convicts serving life sentence in various jails across the country. The assurance was given by Home Secretary Madhukar Gupta, who was directed by the Court to appear before in person for the failure on part of the Centre to file a response on the matter.

A Bench headed by Justice H K Sema on October 10 had asked the Union Home Secretary to appear along with Solicitor General G E Vahanvati before it as none of the advocates representing the Centre in the matter were present when it came up for hearing. The Bench allowed the Centre additional time when the Solicitor General expressed regret for the incident and sought four weeks’ time to file a comprehensive affidavit. The Court has also sought details about thousands of such prisoners languishing in jails after serving 14 years of substantive sentence. While hearing a bunch of petitions seeking laying down of guidelines for granting remission to the prisoners serving life sentence, the SC in May had given last opportunity to the Centre to file its affidavit on the issue. The petition filed in 2003 by Anil Sharma had challenged the then Haryana government’s decision to indiscriminately grant remission to convicts who were awarded life sentence much before completing 14 years in jail. Another petition alleged that state governments were insensitive to the plight of prisoners, who, though having already completed 14 years of imprisonment, were still languishing in jails.

The petitioners sought guidelines for granting remission in sentences. They had alleged that political considerations were often taken into account to release convicts serving life sentences in the absence of any definite ruling on the subject. The issue has assumed significance in the light of earlier verdict of the Supreme Court where it held that life sentence means imprisonment for entire life and not 14 years of jail.

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