SC says states have power to release prisoners after 14 years of jail term

New Delhi: The Supreme Court Tuesday held the state government has the power under Code of Criminal Procedure (CrPC) to release a prisoner after serving 14 years of jail term in cases of conviction for the offences prescribing death penalty as the maximum sentence.

However, the top court said if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has the power under Article 161 of the Constitution to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence on the aid and advice of the state government and this authority de-hors the restrictions imposed under CrPC.

The observations were made by a bench of justices Hemant Gupta and A S Bopanna in a judgement by which it set aside the May 12, 2020 verdict of a single judge bench of the Punjab and Haryana High Court.

The apex court upheld the Haryana's policy of August 13, 2008 on power to release prisoners by the state government, saying it was issued in exercise of powers conferred under CrPC and in supersession of earlier order.

The earlier policy cannot be put at a higher pedestal than the policy of 2008 for the reason that it seeks approval from the Governor, it held.

Under the 2008 policy, the case of premature release is being considered by the state government and individual cases are not required to be put up before the Governor as envisaged under earlier policy.

The high court had directed the Haryana government to consider the feasibility of drafting a fresh policy on premature release of prisoners particularly in respect of exercise of powers conferred under Article 161 (power of governor to grant pardon, reprieves etc) of the Constitution.

It had said the state may also consider the feasibility of having a policy with retrospective operation, provided the same does not lead to discrimination amongst substantial number of identically situated prisoners.

The high court had observed that till framing of the policy, the state government can exercise its powers under CrPC in terms of its policy of August 13, 2008 while strictly adhering to the restrictions imposed under CrPC.