The Delhi High Court criticized the Sentence Review Board (SRB) for rejecting the premature release plea of Santosh Kumar Singh, convicted in the 1996 Priyadarshini Mattoo rape and murder case.
Justice Anup J Bhambhani stated the board seemed to be influenced by "public perception".
Singh has served nearly three decades in prison.
The court is reviewing the SRB's second rejection, combined with other similar cases.
The SRB cited the heinous nature of the crime and potential impact on public peace as reasons for rejection.
Detailed Insights:
Premature release allows life convicts to be released early if deemed reformed and no longer a threat, with powers of clemency derived from constitutional and statutory frameworks.
Articles 72 and 161 of the Constitution empower the President and Governor to grant remission.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 473 and 474, also grant remission powers to state governments, with a statutory floor of 14 years of actual imprisonment.
Section 475 of BNSS makes the threshold mandatory for offences where death was a sentencing option.
The SRB, including senior state officials, examines each case and recommends to the government.
The Supreme Court's 2015 judgement in UOI vs V Sriharan mandates judicial consultation, reasoned orders, and consideration of factors like convict's conduct and rehabilitation prospects.
Similar cases include Manu Sharma (Jessica Lall case) and Sushil Sharma (tandoor murder case) who were released prematurely after spending over 20 years in jail.
The SRB tends to be cautious in cases with high public attention.
Key Concepts Involved:
Premature Release: Early release of a convict deemed reformed and no longer a threat.
Remission: Reduction of a sentence by executive clemency.
Sentence Review Board (SRB): A board comprising senior state officials that examines cases for premature release.