Synopsis: Munna, the petitioner submitted that he is serving the term of imprisonment for life imposed on him and that he has been in prison since the day of his conviction in 2nd February 1989.
A murder convict who served more than 29 years in prison has recently been released by the Supreme Court.
The three-judge bench of Justices N.V. Ramana, S. Abdul Nazeer and Surya Kant issued this order while hearing a writ petition filed by Munna, 79, convicted of an incident in 1989 involving the killing of 11 people with deadly weapons and injuring others.
The petitioner submitted that he is serving the term of imprisonment for life imposed on him and that he has been in prison since the day of his conviction in 2nd February 1989. He said that last month the Supreme Court released some of the co-convicts, who had been demanding similar relief.
The government had previously ignored his appeal for premature release under Section 2 of the Uttar Pradesh Prisoners Release on Probation Act, 1938.
The court stated that, it seems that the authority has not taken into account the requirements that must be reviewed for release of a prisoner under Section 2 of the U.P . Rather, there is only a statement that the crime in which the petitioner was involved is heinous, and there is no record appreciation to imply that he will probably abstain from crime and lead a peaceful life. The prisoner reports clearly show his behaviour in prison is good. In addition, it appears that the petitioner is currently about 79 years old and has undergone around 29 years 10 months (imprisonment) without remission, and around 36 years imprisonment including remission.
The court allowed the same observation in his writ petition while accepting the co-accused petition, stating that merely repeating the point that the offence is heinous and that freeing such a person will send a derogatory message against the justice system in the society. There has been no reference to conduct in custody, and the Senior Police Officer and District Judge confirming that the prisoner is not “incapacitated” from committing the offence does not amount to saying that he is going to abstain from crime and lead a healthy life if released from prison.