Taking a serious view of the ‘hunger strike’ by several inmates in various jails in the State, Jharkhand High Court today directed the Home Secretary, law Secretary and Inspector General (Prisons) to submit a report within 24 hours on the steps taken by the State Government on the agitation.
Taking suo motto cognizance of the two reports published in The Pioneer, a division bench comprising Chief Justice R Banumathi and Justice Chandrashekhar also asked the State Government to reply whether the rights of the life convicts with respect to their premature release in the light of the principles laid down by the Supreme Court have been considered by the concerned authorities in the State or not.
The officials have also been directed to explain whether the State Government has formulated any rules/guidelines or executive instructions to exercise their discretion in this regard at the appropriate time or not. The case will be listed on serial number one to be heard on Friday. Incidentally, the Maoist outfit is said to have given a bandh call tomorrow to protest against the State government’s inaction in considering release of such convicted prisoners who have served their terms.
The court also referred to the Pioneer report published on February 6 in which the Jail Superintendent of Daltonganj Central Jail has said that he sent a list of 10 convicts to the IG (Prison) for the consideration of their release. Referring to a Supreme Court judgement, the high court said that the Apex Court has laid down the principles in such cases for the consideration of the premature release of the life convicts by the appropriate State Government.
The Apex Court, in a case of State of Haryana & Ors. Vs. Jagdish, has held, “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, on that date. The State has to exercise its power of remission....”
Several prisoners have been on strike in different jails of Jharkhand for the last four-five days demanding the release of those who have completed their sentences. The prisoners, who had been awarded life sentences, have completed their sentences and had served for more than 20 years. The prisoners were said to be agitating under the banner of Jharkhand Bandi Mukti Committee and Bhrashtachar Pratirodh Sangharsh Morcha.
The Supreme Court has held in the case of laxman Naskar Vs. Union of India, that a prisoner, who has been sentenced to life imprisonment, is required to remain inside the prison till his life, unless his sentence is commuted and/or remitted by the State Government. Also, the State Sentence Review Board could consider premature release of only such a life convict prisoner, when he completes 14 years of actual sentence and 20 years imprisonment with remission. Ironically, the committee has not met to decide the issue for a long time.
Also, those who had been sentenced death sentences later converted into life sentences, are judged by a state screening committee headed by the CM, in his capacity as Home Minister, to decide on the continuation of their sentences. “A prisoner sentenced life term could be released only if the state-level committee decides so. According to a SC ruling, court advisory has also been made mandatory for releasing the prisoners facing life sentences,” said IG (Prisons) Shailendra Bhushan, adding the agitating inmates withdrew the strike today.
According to sources, atleast 35 inmates in the lNJPN central jail, Hazaribagh are waiting for their release for a long time.