KARTIK SUBRAMANIAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner - a convict serving life sentence - has filed the present petition impugning orders dated 26.05.2016, 29.06.2018 and 30.10.2019 issued by respondent no.1 declining to concur with the recommendation of the Sentence Review Board (hereinafter the 'SRB') and the Government of NCT of Delhi for his premature release from imprisonment.

(2.) The petitioner's premature release was recommended by the SRB and approved by the Lt. Governor of NCT of Delhi on four occasions. However, respondent no.1 did not concur with the said decision on the first three occasions and its decision on the recommendation made for the fourth time is pending consideration.

(3.) The petitioner claims that the decision of the Central Government to not concur with his premature release is arbitrary and unreasonable and contrary to the guidelines framed for the aforesaid purpose. It is contended that the impugned orders passed by the Central Government are unreasoned and therefore, liable to be set aside. The petitioner submits that he complies with the conditions as set out in the SRB Guidelines for premature release. His conduct during the period of his incarceration has been exemplary and has been recognized as such by the concerned authorities. The SRB had also found that he had lost his propensity to commit crime. It is submitted that in the given circumstances, there could be no possible objection to the petitioner's premature release. In addition, it is also submitted that the Central Government's consent for the petitioner's premature release is not mandatory. Factual Context