The Kerala High Court has held that a plea for premature release of a convict cannot be rejected only on the ground that the conviction is for the murder of a woman.
The court observed that it was held by the Supreme Court that blanket exclusion of certain offences from the scope of grant of remission, especially by way of an executive policy, was not only arbitrary, but turns the idea of reformation that runs through our criminal justice system on its head. A blanket stance that all persons who have murdered a woman or a child shall not be prematurely released de hors any other circumstances is not conducive to a welfare State.
The court made the observation recently while setting aside an order of the State Level Committee rejecting a plea by one Balu who was convicted in the murder of a woman. The court pointed out that the police authorities, the probation officer and the Superintendent of Prisons have recommended the premature release of the petitioner. The Jail Advisory Committee had also recommended the premature release of the petitioner. These factors that have a bearing on the concept of reformation cannot be ignored on the bare premise that persons who have committed the murder of women will not be given remission of sentence.
Published – April 06, 2025 06:34 pm IST
