New Delhi: The Supreme Court on Tuesday directed the immediate release of all convicts serving fixed-term life sentences who have completed their prescribed prison term, ruling that no remission order is required in such cases.
The verdict came while ordering the release of Sukhdev Pehalwan, convicted in the 2002 Nitish Katara murder case, who finished his 20-year sentence in March this year. A bench of Justice BV Nagarathna and Justice KV Vishwanathan strongly criticised authorities for keeping such convicts behind bars beyond their term, warning, “If this attitude continues, every convict will die in jail.”
The court noted that despite its July 29 order to release Pehalwan, the Delhi Sentence Review Board blocked it, citing his conduct in prison. Pehalwan then approached the Supreme Court, which had granted him a three-month furlough pending a final decision.
Pulling up the authorities, the bench questioned, “What kind of behaviour is this?” and made it clear that in fixed-term life imprisonment cases, release must follow immediately after completion of the sentence.
Earlier, Additional Solicitor General Archana Pathak Dave, for the Delhi government, argued that a life term means imprisonment for the remainder of a convict’s natural life. However, senior advocate Siddharth Mridul, representing Pehalwan, stressed that the sentencing order clearly specified a 20-year term, which ended on March 9, leaving no legal ground for continued detention.
The court also expressed concern for other prisoners possibly languishing in jail despite completing their fixed-term life sentences, directing their immediate release.
