- (1.) In this batch of writ applications, common relief is sought for premature release of persons sentenced to life imprisonment, after completion of over 14 years of imprisonment. The petitioners have remained incarcerated for actual periods ranging from 16 years to 24 years without remission and 20 years to 31 years with remission. The convictions are primarily under Section 302, 302/149 of the Penal Code. This Court under Article 32 of the Constitution has been passing orders from time to time for premature release of persons convicted either by setting aside the orders refusing grant of premature release on erroneous grounds as well as passing orders for release directly even though the person sentenced had not approached the authorities before institution of the writ petition.
(2.) In State of Haryana v. Jagdish, (2010) 4 SCC 216 explaining the manner for consideration of applications for premature release this Court observed as follows: "54. The State authority is under an obligation to at least exercise its discretion in relation to an honest expectation perceived by the convict, at the time of his conviction that his case for premature release would be considered after serving the sentence, prescribed in the short-sentencing policy existing on that date. The State has to exercise its power of remission also keeping in view any such benefit to be construed liberally in favour of a convict which may depend upon case to case and for that purpose, in our opinion, it should relate to a policy which, in the instant case, was in favour of the respondent. In case a liberal policy prevails on the date of consideration of the case of a "lifer" for premature release, he should be given benefit thereof." (emphasis added by us)
(3.) In Union of India v. V. Sriharan, (2016) 7 SCC 1 it was observed as follows : "114..... As far as the implication of Article 32 of the Constitution by this Court is concerned, we have already held that the power under Sections 432 and 433 is to be exercised by the appropriate Government statutorily, it is not for this Court to exercise the said power and it is always left to be decided by the appropriate Government, even if someone approaches this Court under Article 32 of the Constitution..." ;