The Supreme Court has said it must not be forgotten that the victims and complainants too have “some rights”.
Sending a strong note of caution to subordinate and higher judiciary that’s often shows sympathy for the convicts and grants them freedom under the probation law, the Supreme Court has said it must not be forgotten that the victims and complainants too have “some rights”.
The issue was raised by the Madhya Pradesh government challenging the release of a lifer under the state’s Prisoners (Release on Probation) Act, 1954. Though the district magistrate and police had recommended to the Probation Board in 2001 to grant the benefit of premature release to one Abdul Kadir and other life convicts in a murder case, the Board rejected their support for the convicts.
The board said taking into account the gruesome nature of the murder, the recommendations were not accepted. Both the state government and jail department accepted the Board’s recommendations.
Kadir then moved the high court saying the Board didn’t consider the grounds and reasons cited by the DM and the SSP in support of invoking the Act to set him free. A bench of single judge passed an order holding that in view of the recommendation of the DM and the SSP, Kadir was entitled to be released on probation.
The apex court quashed the high court judgment. An anguished bench of Arijit Pasayat and Ashok Kumar Ganguly observed the high court didn’t consider “the issues in proper perspective”. The judges directed the HC to reconsider the state’s appeal “keeping in view the parameters’ on invoking the probation law already laid down by the apex court earlier”.
“It is also to be borne in mind that the victim and the family of the victim who have suffered at the hands of the convict have also some rights. The convicts have no indefeasible right to be released,” the court asserted.
“The Probation Board and the State Government are required to take into consideration the relevant factors before deciding or declining to release a convict,” the apex court added.
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