The Delhi High Court on Wednesday rejected a PIL seeking release of convicts who have been serving life imprisonment in Tihar jail and have completed 14 years of incarceration.
A bench of Chief Justice G Rohini and Justice R S Endlaw dismissed the plea filed by advocate M K Balakrishnan, terming it as "misconceived" and also imposed a cost of Rs 1,000 on him, to be paid to Delhi Legal Services Authority.
"We are of the view that no such general direction as sought in the petition can be given. If any of the life convicts considers himself entitled to be released on bail or otherwise, he/she would be entitled to take appropriate steps with respect to individual case and such applications shall be considered in accordance with law by the concerned court/body.
"No direction for release of all life convicts, without consideration of their entitlement thereto based on their respective orders of conviction, can be given," the bench said. The court's order came on the petition which had sought framing of guidelines to regulate "arbitrary" exercise of power by the Centre and state governments in commuting life terms of convicts and release them on completion of 14 years of incarceration.
Referring to the responses, received under the RTI from jail authorities, it had said that a total of 109 life convicts are lodged in six prisons alone here. The court also referred to a Supreme Court judgement which reiterated that life imprisonment is not equal to imprisonment for 14 years or 20 years and that life convicts are not entitled to be released so long as there is no order of remission passed by the appropriate government in his or her favour.
The plea had sought an order from the high court for the life convicts also on the lines of a recent Supreme Court direction to release on bail all undertrial prisoners across the country who have served half of their minimum term without trial.
Balakrishnan, in his plea, however, conceded that the legal position is settled that life term means conviction for the whole of one's biological life.
It, however, said the CrPC and the Constitution empower the central and state governments to commute sentence of life convicts after they have spent 14 years in prisons.
The power of the government to commute sentence is exercised on the recommendation of Jail Advisory Board but the Board often exercises this power "arbitrarily for extraneous considerations", it had said, adding the court "issue necessary guidelines" to ensure that power is exercised in a "uniform and non-discriminatory manner".
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