Bengaluru: The Karnataka High Court has clarified that life convicts are eligible for remission of their sentence unless the trial court has specifically prohibited it at the time of sentencing.
Court ruling on remission
A bench of Justice Suraj Govindaraj made the ruling while hearing a petition filed by a woman on behalf of her husband and two other prisoners, all serving life sentences. The state government had earlier rejected their remission application, citing the Karnataka Prisons and Correctional Services Manual, and argued that remission was not a matter of right.
Government counsel further contended that since a life sentence meant 21 years of imprisonment, remission would not apply in this case.
Bench disagrees with state’s stance
Rejecting this interpretation, the court observed:
“…merely because there is a sentence of 21 years, it cannot be said that the detenue will not be entitled for remission… unless the sentence awarded makes it clear that the detenue shall not be entitled for premature release or remission or parole or the like.”
The court stressed that remission is distinct from parole or furlough, as it effectively reduces the overall sentence.
Objective of remission system
Justice Govindaraj explained that the remission system is a reformative tool, encouraging prisoners to maintain discipline and good conduct.
“The remission system aims at the reformation of the prisoner and remission is held out as a carrot… If the detenus behave in a disciplined manner with good conduct, the time incarcerated would have to be considered for remission,” the court noted.
Direction to state government
Accordingly, the High Court directed the Karnataka government to reconsider the remission applications of the three convicts without relying on its earlier rejection order.
Wider implications
The ruling is significant as it reiterates that remission is not automatically barred for life convicts, unless expressly mentioned in the sentencing order. Legal experts note that this could impact several pending applications across the state, ensuring that prisoners who demonstrate good conduct are given a fair chance at early release.