Supreme Court Orders Release of Life Convict After 22 Years: Justice and Remission in Family Honor Case

New Delhi:

The Supreme Court on Tuesday ordered the immediate release of a life convict who has been imprisoned for nearly 22 years in a murder case.

A bench comprising Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran delivered the judgment on an appeal filed by the convict challenging an order of the Bombay High Court.

The bench noted that the appellant was requesting pre-mature release after spending two decades in prison.

According to the court, the appellant had approached the State seeking remission of his life sentence, after which the government obtained a report from the court that had initially convicted him.

Based on the additional sessions judge's opinion, the government had directed his release after completing 24 years of imprisonment.

The appellant argued before the Supreme Court that he should have been released after serving 22 years.

The bench examined the 2010 guidelines established by the government for considering remission cases.

The appellant contended that his case fell under clause 3(b), which pertains to murders committed with premeditation, either individually or by a gang, to uphold family prestige.

The bench observed that the appellant, along with another accused, had attacked the victim and one of his friends in a premeditated assault.

"The attack was a premeditated one, on the motive as projected by the prosecution, that the deceased was in love with the appellant's sister, whose life was being spoiled by the love affair," the court noted.

"Hence, obviously the crime is one to uphold the family prestige, which in the given circumstances could mean the perceived tarnishing of the family's name, though not condonable, the appellant has a valid case for remission after almost 22 years of incarceration," the bench stated.

The court mentioned that the appellant has now been in custody for just three months short of 22 years.

"We are also of the opinion that three months more in jail would make no difference; neither added solace to the family of the victim nor extra remorse to the accused, and we hence direct the release of the appellant forthwith, especially noticing the fact that the appellant was just past 18 years on the date of the crime," the bench said while allowing the appeal.