Habeas corpus type writ -as her husband – in imprisonment – more than 20 years as her mercy petitions were rejected twice made – meaning of life imprisonment reiterated that unless properly remitted by competent authority, life imprisonment means imprisonment for entire lifetime of convict – No court set him free beyond the law with out remission by appropriate authority =
In the meantime, the petitioner has undergone custody for more than
20 years including the period of remission and about 17 years of actual
custody and, therefore, it is alleged that his detention has become
unlawful and illegal.
in Life Convict Bangal alias
Khoka alias Prasanta Sen v. B.K. Srivastava and others, (2013) 3 SCC 425,
This Court while defined meaning of life imprisonment reiterated that
unless properly remitted by competent authority, life imprisonment means
imprisonment for entire lifetime of convict =
In the present case, the mercy petitions filed by the petitioner’s
wife were rejected twice.
The case of the petitioner was considered by the
Review Board constituted by the State of West Bengal, which rejected the
Therefore, no relief can be granted by this Court under Article 32
of the Constitution of India.
However, in view of the fact that the
petitioner has actually undergone more than 18 years of imprisonment; the
Superintendant. Alipore Central Jail of his own wrote a letter dated
18.09.2003 requested for reconsideration of the case of the petitioner and
recommended release of the petitioner.
We are of the view that if any
application for remission is filed by the petitioner or on behalf of the
petitioner, the Competent Authority place the same before the Review Board
and which will reconsider the case of the petitioner for premature release
in accordance with law and guidelines issued by the State.
Government would be at liberty to pass appropriate order in accordance with
15. The petitioner was released on bail by an order passed by this Court
on 7.01.2005. We vacate that order. The respondents would be at liberty to
take the petitioner into custody and as regards remission the State
Government may pass any appropriate order in accordance with law.
16. The Writ Petition is dismissed with aforesaid observations.