SC says guv can free life convicts before 14 years in jail, not states

SC says guv can free life convicts before 14 years in jail, not states

Dhananjay.Mahapatra@timesgroup.com

New Delhi:  4.8.2021

In a contrasting interpretation of powers for premature release of lifers, the Supreme Court on Tuesday said state governments have no power under the criminal procedure code to release a person sentenced to life imprisonment prior to he/she undergoing a minimum 14 years jail term.

However, the governor using his powers under Article 161 of the Constitution can remit the sentence of a lifer even prior to serving 14 years in prison, said a bench of Justices Hemant Gupta and A S Bopanna. The bench immediately clarified that the governor could exercise his remission powers under Article 161 only on the aid and advice of the council of ministers headed by the chief minister.

‘Guv bound to act on aid and advice of state govt’

This leads to the conclusion that the state government, if it wants to remit the sentence of a lifer after he serves a jail term of 14 years, would take resort to Section 432 of the CrPC, but if it wants to release the lifer prior to serving the 14 year period in jail, then it would use the remission powers conferred on the governor by advising him accordingly.

Writing the judgment, Justice Gupta said, “the power to release a prisoner after serving 14 years of actual imprisonment is vested with the state government. On the other hand, the power conferred on the governor, though exercised on the aid and advice of the state, is without any restriction of the actual period of imprisonment undergone by the prisoner.

“Thus, if a prisoner has undergone more than 14 years of actual imprisonment, the state government, as an appropriate government, is competent to pass an order of premature release, but if the prisoner has not undergone 14 years or more of actual imprisonment, the governor has a power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person de hors the restrictions imposed under Section 433-A of the Constitution. Such power is in exercise of the power of the sovereign, though the governor is bound to act on the aid and advice of the state government,” the bench said.