SHANKERLAL Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Bertrand Russell once said, - "The reformative effect of punishment is a belief that dies hard chiefly, I think because it (punishment) is so satisfying to our sadistic impulses." But in our view the prisons are to rehabilitate and not to punish. Prison Laws should be interpreted liberally. Grievance of the petitioner as projected in the instant writ petition is that although the petitions has undergone more than half of his sentence including remission, his case has not been referred to the Advisory Committee for premature release under the Rajasthan Prisons (Shortening of Sentence) Rules 1958 (for short 'the Rules';

(2.) Having given our thoughtful consideration to the rival submissions relevant rules and the reply of the respondent, we find that as per Rule 5 the meetings of the Advisory Board are to be convened by the Chairman (Home Secretary to the Government) at least twice a year normally in the months of January and July. In our opinion consideration of prisoner's case for premature release is neither charity nor compassion or clemency. Rule 5 is not mandatory in nature and meetings of Advisory Board can be convened in any month if requires necessary. In order to impart complete justice to the prisoners by taking a humanitarian view the Legislature incorporated the words like "at least" and "normally" in Rule 5. There is no impediment in the way of convening meeting of Advisory Board prior to the month of January.

(3.) For these reasons, we direct the Chairman (Home Secretary to the Government) to convene the meeting of Advisory Board in the third week of November, 2003. The Superintendent of the Central Jail Jaipur, who is the Secretary of the Advisory Board, shall place before the Board all cases of those prisoners (including the petitioner) who are eligible for consideration under Rule 8.