Expectation of early release human: SG on life convicts

“One can’t completely rule out the human element of expectation that a prisoner will have of remission,which will naturally be guided by the remissions policy in place when he was convicted,” the SG states in his submissions dated January 28.

The batch of petitions,mainly dealing with the Punjab Prisons Rules,raises the question whether a prisoner who applied for early release would be governed by the state’s remission policy in force on the date he or she was sentenced or by the policy in force on the date when his or her case was considered. In one of the petitions,Jagdeesh,who was sentenced to life for multiple murders in Haryana,was denied premature release. At the time of his sentence on May 20,1999,the state remission policy allowed him to apply for early release after he had served 10 years of his sentence. But when the time came,he was denied early release because the state had revised its policy on August 13,2008 — this time providing that life convicts found guilty of multiple murders ought to serve minimum of 20 years before being considered for remission. The SG contended that a life convict may apply for early release to the President or the Governor even if he does not satisfy the state rules of remission. “It will be for the President/Governor to take a view,” he writes.

The SG said the power of the Governor under Article 161 to grant or not grant “pardons,reprieves,remissions” is subject to a “limited” judicial review.

“No convict has a fundamental right of remission or shortening of sentences,prisoners have only a legal right to be considered for remission keeping in view the constitutional safeguards of a convict under Articles 20 and 21 of the Constitution,” he says.