The Delhi High Court today reserved its verdict on a PIL seeking release of convicts who have been serving life imprisonment in Tihar jail and have completed 14 years of incarceration.
"You (petitioner) provide us the copy of the Supreme Court judgement (on release of life convicts) and we will pass the order," a bench of Chief Justice G Rohini and Justice R S Endlaw said.
The PIL, filed by advocate M K Balakrishnan in his personal capacity, also sought framing of guidelines to regulate "arbitrary" exercise of power by the Centre and state governments in commuting life terms of convicts and release them on completion of 14 years of incarceration.
Referring to the responses, received under the RTI from jail authorities, it said that a total of 109 life convicts are lodged in six prisons alone here.
"Issue notice to the Respondents (Delhi Government, DG prisons and nine jail superintendents) and order release of life-convicts languishing in Tihar Jail, who completed 14 years incarceration," it said.
The plea has sought an order from the high court for the life convicts also on the lines of a recent Supreme Court direction to release on bail all undertrial prisoners across the country who have served half of their minimum term without trial.
Balakrishnan, in his plea, however, conceded that the legal position is settled that the life term means conviction for the whole of one's biological life.
It, however, said the CrPC and the Constitution empower the central and state governments to commute sentence of life convicts after they have spent 14 years in prisons.
The power of the government to commute sentence is exercised on the recommendation of Jail Advisory Board, but the Board often exercises this power "arbitrarily for extraneous considerations", it said, adding the court "issues necessary guidelines" to ensure that power is exercised in a "uniform and non-discriminatory manner".
