Delhi High Court sets aside order rejecting premature release of convict, directs fresh consideration by Sentence Review Board
Justice Vikas Mahajan [09-07-2024]

Read Order: GURVINDER SINGH v. THE STATE (GOVT. OF NCT) OF DELHI & ANR [DEL HC- W.P.(CRL) 590/2024]

LE Correspondent

New Delhi, July 11, 2024: The Delhi High Court has set aside an order which had rejected the premature release of a convict -- serving life imprisonment for rape, abduction, and causing hurt -- who has already spent over 14 years in prison. The court directed the Sentence Review Board (SRB) to reconsider Singh's case for premature release within eight weeks, in accordance with the policy dated July 16, 2004, or the Delhi Prison Rules, 2018, whichever is more beneficial to him.

Justice Vikas Mahajan, while hearing the petition filed by Singh under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, observed that the SRB had rejected Singh's premature release in a mechanical manner without considering all the relevant factors. The court noted that the SRB had only considered the facts and circumstances under which the crime was committed, the gravity and nature of the crime, unsatisfactory jail conduct, and opposition by the police.

However, the high court emphasized that the SRB must also consider other factors enumerated in the policy and prison rules, such as the convict's potential for committing crime, the possibility of reclaiming the convict as a useful member of society, and the socio-economic condition of the convict's family.

The court rejected the petitioner’s prayer for release on bail, parole, or furlough in the interim, citing a previous judgment which held that such relief cannot be granted when the matter is being remanded back to the authorities for fresh consideration. However, the court granted him the liberty to apply for parole or furlough separately, directing the competent authority to consider such an application on its own merits.

The court's judgment is a significant step towards ensuring that the SRB considers all relevant factors while deciding on premature release of convicts, rather than rejecting such applications in a mechanical manner. The judgment also underscores the importance of the reformative aspect of the criminal justice system, emphasizing the need to assess a convict's potential for reintegration into society.