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Noticing the inordinate delay in considering the pleas of life convicts for premature release, the High Court of Karnataka has directed the State government to ensure that the Life Convicts Release Committee meets once every two months and totally six times in a year with effect from April 1, 2023 to decide on premature release as per the law.
The court issued the directions on noticing that the committee had not met for the past eight months contrary to the directions issued by the apex court, which had cautioned all State governments against delay on considering the plea for premature release.
Justice M. Nagaprasanna issued the direction while disposing of a petition filed by Omkarmurthy, 33, a convict, who is undergoing life sentence in the Bengaluru Central Prison in a murder case, since 2007.
The petitioner had complained that his plea, made in July 2022, for premature release had not been placed before the committee even though the prison authorities had certified his good conduct ever since he was lodged there. However, the government told the court that the petitioner’s plea could not be considered as the committee had not met while assuring that the committee would meet shortly.
“In the case at hand, the committee has not met for the last eight months, which has resulted in a plethora of cases being filed before this court seeking a mandamus only to place those applications before the committee,” the court observed.
Release on parole
In the case of the petitioner, the court said that he was entitled to be directed by the prison authorities to be released on parole, in accordance with law, for a period that the authorities of the jail would prescribe, or till such time that the committee would meet and consider the plea of the petitioner for release.
The High Court pointed out that the apex court had repeatedly directed all the State governments and the Director-General of Prisons to take necessary steps to ensure that the applications for premature release of life convicts to be considered and decided without any loss of time.
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