SHANKAR BABU GHAVALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE three petitioners, Shankar Babu Ghavali, Sabaji Rama Ghavali, and Babaji Rama Ghavali, have been sentenced to undergo imprisonment for life under section 302 of the Indian Penal Code in Sessions Case No. 46 of 1978 decided on 27-7-1979 by the Sessions Judge, Ratnagiri. They were arrested on 14-6-1978 and since then till this day they continue to be in the portals of the jail. By these three separate petitions, a common relief of order of release on serving fourteen years of imprisonment is sought. Hence they are being disposed of by this common order.

(2.) THE Government of Maharashtra has framed the new revised guidelines for premature release under "14 year Rule" of prisoners serving life sentence, after 18-12-1978 on which day section 433-A was introduced in the Code of Criminal Procedure. Section 433-A imposes restrictions on the power of the appropriate Government to remit the sentences of prisoners convicted after 18/12/1978. By these guidelines communicated to the Inspector General of Prisons by the Home Department vide letter dated 11-5-1992, broad division of crimes for the purposes of premature release of prisoners sentenced to life imprisonment after 18-12-1978 is made and criteria prescribed for normal cases. Prison authorities are expected to make recommendations to the Government about premature release on that basis for exercise of power vested in it under section 432 Cr. P. C. The division is made into 19 categories against which are mentioned periods of imprisonment (ranging between 22 to 30 years) to be undergone including remission subject to minimum of fourteen years actual imprisonment including set off period. The petitioners have been put in category 2 (b) which means "murders arising out of land dispute, family funds, family prestige and superstitution with premeditation or by a gang". For this category, period prescribed is 24 years. By a letter dated 21-7-1992, this decision has been communicated by the Home Department of the State of Maharashtra to the petitioners through the Superintendent Yervada Central Prison, Pune, where presently they are kept.

(3.) SHRI Gorwardkar, Shri More and Smt. Sarnaik, learned Counsel for the different petitioners, have raised following two contentions in support of the petitions :