States can grant remission to life convicts: SC

R Sedhuraman
Tribune News Service
New Delhi, July 23

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The Supreme Court (SC) on Thursday permitted the state governments to grant sentence remissions to life convicts and release them prematurely.

A five-member Constitution Bench headed by Chief Justice HL Dattu, however, clarified that the permission was subject to conditions.

There can't be any remissions in rape-and-murder cases.

The remission is not applicable to cases in which the judiciary has specified the duration of the life term, such as 15, 20, 25, or any number of years exceeding 14 years.

It also won't apply to the convicts who have to remain in jail for the rest of their lives.

Also, the states can't take such decisions in cases where remissions have already been granted. In all such cases where the states are now permitted to release prisoners, the President and the Governors would also exercise their constitutional power to grant pardon or mercy.

Today's order is a modification of the Supreme Court's earlier order placing a blanket ban on remissions and premature release of life convicts.

The SC also clarified that today's order is not applicable to the seven life convicts in the Rajiv Gandhi assassination case and others whose petitions are pending in the SC.

The Punjab government has been under pressure to release several prisoners serving life terms in terror-related cases.