ZAHID HUSSEIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Four life convicts have filed the present petitions under Article 32 of the Constitution challenging the Orders of the State Government rejecting their prayer for premature release.

(2.) Four petitioners were convicted under Section 302/34, I.P.C. and sentenced to suffer rigorous imprisonment for life. They are in Central Correctional Home, Alipore, Kolkota and have served actual imprisonment of more than 18 years and the total period of imprisonment including remission being more than 24 years. They had approached this Court earlier as their prayer for premature release was rejected by the State Government. This Court set aside the order of the Government and directed reconsidertion. As their prayers have again been rejected; the petitioners are again before us.

(3.) Mr. Malik, learned senior counsel for the petitioners has urged that in view of sub-rules (4) and (29) of Rule 591 of the West Bengal Rules for the Superintendence and Management of Jails (for short 'the Rules') relating to premature release of the life convict and Explanation to Section 61 of the West Bengal Correctional Services Act, 1992 (hereinafter referred to as 'the Act') all the petitioners are entitled to be released as of right as their total period of imprisonment is more than 20 years. Mr. Mukul Rohtagi, learned Additional Solicitor General has contended that there is no right of premature release in view of the law laid down by this Court, as sentence for imprisonment for life means imprisonment for the entire life of the prisoner, unless the appropriate Government decides to exercise its discretion to remit either whole or part of the sentence of a life convict. According to learned Additional Solicitor General in view of facts and circumstances of cases of the petitioners and the police report, the State Government rightly rejected the prayers of the petitioners.