Haryana Govt’s Policy of prematurely releasing life convicts over the age of 75 questioned by the Apex Court

Team SoOLEGAL 11 May 2020 3:20pm

Haryana Govt’s Policy of prematurely releasing life convicts over the age of 75 questioned by the Apex Court

The Supreme Courtissued a notice to the State of Haryana requiring that it must clarify its policy which has granted the benefit of remission to convicts who have been convicted for life sentence and are above 75 years of age (in the case of male convicts), who have completed 8 years of their actual sentence.

Prima facie, the Policy appears to be in conflict with Section 433A of the Code of Criminal Procedure 1973, the bench comprising of the UdayUmeshLalit and Dinesh Maheshwari Justices stated. The bench has asked the state to file its reply to the following queries:

·       Can a Policy be formulated in compliance with Article 161 of the Constitution of India, which would be contrary to the mandate of Section 433A CrPC.;

·       If all individual cases in which benefits were given in respect of the aforementioned Policy, were brought before the Governor of the State before granting such remission and whether the details of individual cases were regarded by the Authorities prior to the granting of the remission.

The Apex court while hearing a murder convict's case that was released after serving an actual term of 8 years enforcing the regulation has observed that as per Section 433-A of the CrPC, a prisoner shall not be released from jail until he has completed at least 14 years of imprisonment, if he has been sentenced to life for an offence requiring a statutory sentence of death except in situations where the death penalty has been commuted. The Court had previously ruled that no State Probation Regulations can be made in complete contradiction with Section 433A of the CrPC.

The case will be reported in the first week of July for further consideration.

Tagged: Haryana Goverment   Policy of prematurely   Apex Court   Supreme Court   Section 433A   Code of Criminal Procedure  
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