Premature release of convict is function of government: Supreme Court

Granting remission/ premature release of a convict is the function of the government and not courts, the Supreme Court underscored on Tuesday while rejecting a plea by a murder convict for premature release [Hitesh v State of Gujarat]..A bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, therefore, directed the Gujarat State's competent authority to consider the request for premature release of the petitioner as per its 1992 policy."We are of the considered view that in respect of circumstances mete out, it should be reconsidered by state. Since grant of premature release is an executive action, the matter is fit to be reconsidered by the State government. We direct the competent authority of State government to consider the request for premature release including the ones noted above and the policy which will hold here is the 1992 policy," the Court said..The petitioner Hitesh was convicted for murder and sentenced to life imprisonment. His appeal against conviction was dismissed in October, 2009. Thereafter, one of co-accused was released prematurely in 2017 prompting the petitioner to seek the same.The petitioner submitted that he had undergone 15.6 years of actual sentence and the same came upto 19 years with remission. .In the affidavit filed by the State, the principle objection to the premature release was that when the petitioner was released on interim bail for three weeks in 2005, he absconded for 5 years until he was rearrested in 2010.The Court noted that the petitioner was deprived of four furloughs for his conduct.The Court further noted that the policy of state as on 1992 facilitates the premature release if 14 years is served.The Court, therefore, held that the plea by the petitioner for premature release should be reconsidered by the State.."Following the law laid down by this court, determining the premature release, the policy of state will be determinative factor. If the policy is later liberalised that also should be borne in mind," the CJI added..[Read order]