The Delhi High Court has said that applications for premature release of convicts who have been in jail for a long period should not be dealt with in a mechanical and clerical manner. Justice Saurabh Banerjee was hearing the plea of a convict, Hari Singh, who was airlifted by a plane. He was imprisoned for more than 19 years after being convicted of kidnapping.
Singh was convicted in 2021 under sections of the Anti-Kidnapping Act, 1982, and the Indian Penal Code and sentenced to life imprisonment. He argued that he had been in judicial custody since April 1993.
The court said that the purpose of imprisonment, even for the most serious crimes, is reformative and not retributive, especially when a convict has to undergo a substantial and lengthy period of imprisonment.
It states that denial of the benefit of remission to a convict merely on the basis of the nature of the offence without considering other factors such as the convict’s age, health, socio-economic status, family relations, conduct after conviction, and time in prison would not be in the interest of justice.
He became eligible for premature release in 2019, but his name was sent to the Sentence Review Board (SRB) after a two-year delay.
Singh alleged that the SRB rejected his application in a mechanical manner, contrary to Delhi prison rules and his constitutional rights.
The prosecution argued that the seriousness and heinousness of Singh’s crime related to the hijacking of the Indian Airlines flight should be considered while deciding on pardon.
While granting relief to Singh, the court sent the case back to the Directorate General (Prisons) and SRB to reconsider the premature release application with clear reasoning.
The court underlined that the SRB had only considered the factor of whether the crime had affected society at large but failed to address other factors.
The court said that although it is aware of the seriousness of Singh’s crime, it should not be the sole reason for denying him premature release.
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Singh had served about 16 years and five months of imprisonment and had earned a total of about three years and nine months of remission.
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