New Delhi:The Supreme Court on Thursday said that denying the benefit of remission on mere grounds of heinous offence committed by a person crushes his spirit and also reflects that society is unforgiving. The apex court made this observation while ordering the release of a convict jailed for nearly 26 years, and said that denial of premature release violated fundamental rights protected under Article 14 (right to equality) and Article 21 (right to life).
A bench comprising justices S Ravindra Bhat and Aravind Kumar said denying the relief of premature release to prisoners, who have been incarcerated for extremely long periods not only crushes their spirit and instils despair, but signifies society’s resolve to be harsh and unforgiving. The apex court said this approach should change and the idea of rewarding the prisoner for good conduct should not be entirely negated.
The apex court directed the release of a convict, who spent 26 years in jail and quashed the government's decision not to allow his premature release. The bench said that it is important to consider the rehabilitation and reformation of prisoners, who may have drastically transformed during incarceration.
The bench observed that regardless of the morality of continued punishment, one may question its rationality. The top court’s judgment came on a plea by one Joseph, who had been lodged in a prison in Kerala since 1998 after being convicted of the murder and robbery of a woman.
In 1996, the trial court acquitted him but in 1998, the High Court reversed the acquittal and convicted him and sentenced him to undergo life imprisonment. In 2000, the apex court upheld his conviction and sentence. Justice Bhat, who authored the judgment on behalf of the bench, said the question is, what is achieved by continuing to punish a person who recognizes the wrong they’ve done and bears little resemblance to the person they were years earlier?
