Daijiworld Media Network - Bangalore (SP)

Bangalore, Jan 17: In a far-reaching judgement pronounced on Friday January 16, a divisional bench of the state High Court comprising of Justice S R Bannurmath and Venugopal Gowda has ruled that the government is not empowered to extend concessions to prisoners undergoing sentences for various periods. The bench came to this conclusion after analyzing the powers conferred for releasing the prisoners before the expiry of their jail terms, under the ‘Code of Criminal Procedure (Direction for Suspension of Sentence) Rules 2007' and striking down this rule as illegal..

The bench observed, that the state government has no powers to remit and reduce the sentences of convicts including those undergoing life sentences, and in doing so on special occasions like Independence Day and Republic Day, it has misconceived section 432 of the Criminal Procedure Code. With this, curtains have been drawn on the much-debated issue of the release of prisoners which has been raging since the state minister for prisons Umesh Katti made an announcement of releasing 375 prisoners on Republic Day.

The court also came down heavily on the notion the above rules created, that women who have completed a minimum of  five years of jail term and men who have remained prisoners for not less than seven years, can get released thereafter, subject to good conduct record. Making differentiation between men ad women is also a violation of the law of equality, the bench stressed. Observing that the government has the power to enact laws under section 72 and 161 of the Indian Constitution, it said, the government can not use the powers arbitarily.  Public interest has to be taken into consideration before enacting laws, it felt.

Under section 432(5) of the Criminal Procedure Code, the government has powers to draft rules for releasing the prisoners even before the completion of their jail terms. However, this rule is specifically applicable where the prisoners make written submissions to the government, requesting for their release and the government on its own, has no absolute powers to release the prisoners en masse, the bench has held.

In the list of 375 prisoners who would have walked free next week, the names of Nagaratna and Mamata, who are undegoing life imprisonments, had found place. Both of them had filed an appeal with the High Court earlier, requesting for nullifying the verdicts of the lower courts. As the two expected to get released by the government next week, they had requested the High Court to permit them to withdraw their respective appeals. While examining these requests, the divisional bench of the High Court made these observations. Their appeals will now come up for hearing on January 19.