A single judge bench of the Telangana High Court comprising Justice K Lakshman, while hearing petitions filed by the kith and kin of convicts sentenced to life imprisonment for grant of remission, observed the need for making a comprehensive policy for rehabilitation with regard to the remission and premature release of convicts.
The petitions seeking remission were filed in the view of the earlier order passed by the Court directing the authorities to recommend names o such life convicts for grant of their special remission in terms of the remission policy. The court directed the state to consider the representations of the convicts and also consider the actual and the completed sentence by the life convicts with the remand period and the remission earned.
The Court while analyzing the relevant provisions, judgement and history of remission policy in India, observed that there is a demand of having a reformatory criminal justice system.
Taking note of the global trend of humanizing and individualizing punishment, the court observed that “Referring to the serious discussion among the Intellectuals in the Globe, in one of the Articles, it is mentioned that International norms do not supp ort life sentences without a possibility of release. Life-convicts should be eligible for release into society once they have served sufficient period of time in the prison to mark the seriousness of their offences."
The court taking note of the lack of uniformity in policy for premature release of convicts in India, the court state that The National Human Rights Commission has asked the Ministry of Law and Justice to frame a policy, but there is no progress in the same so far. The Ape x Court has also given directions to both the States and Central Governments to frame uniform policy. There is no progress as of now. There is no progress as of now. All the States have formulated their own remission policies / guidelines for premature release. Thus, in India, there is no uniformity with regard to the remission and premature release of convicts."
Furthermore, the court also directed the authority to take note of the directions laid down by the apex court in RE: CONTAGION OF COVID 19 VIRUS IN PRISONS and its earlier orders.
