S.N. Phukan JUDGMENT
S.N. Phukan, J.
1. By this common Judgment we propose to dispose of six writ petitions filed under Article 32 of the Constitution as the points involved in all the petitions are common.
2. Writ petitions have been filed on behalf of "life convicts" as their prayer for premature release was rejected by the Government of West Bengal. The common grievance is that though they are entitled for pre-mature release under relevant rules, their prayer was rejected by the Government on extraneous consideration.
3. It is settled position of law that life sentence is nothing less than lifelong imprisonment and by earning remissions a life convict does not acquire a right to be released prematurely; but if the Government has framed any rule or made a scheme for early release of such convicts then those rules or schemes will have to be treated as guidelines for exercising its power under Article 161 of the Constitution and if according to the Government policy instructions in force at the relevant time the life convict has already undergone the sentence for the period mentioned in the policy instructions, then the only right which a life convict can be said to have acquired is the right to have his case put up by the prison authorities in time before the authorities concerned for considering exercise of power under Article 161 of the Constitution. When an authority is called upon to exercise its powers under Article 161 of the Constitution that will have to be done consistently with the legal position and the Government policy/instructions prevalent at that time.
4. Sub-rules (4) and (29) of Rule 591 of the West Bengal Rules relating to premature release of life convict run as follows:
(4)- In considering the cases of prisoners submitted to it under sub-rules (1) and (2), the State Government shall take into consideration- (i) the circumstances in each case; (ii) the character of the convict's crime; (iii) his conduct in prison and (iv) the probability of his reverting to criminal habits or instigating others to commit crime. If the State Government is satisfied that the prisoner can be released without any danger to the society or to the public it may take steps for issue of orders for his release under Section 401 of the CrPC, 1898.
(29)- Every case in which a convict, who has not received the benefit of any of the foregoing rules, is about to complete a period of 20 years of continued detention including remission earned, if any, shall be submitted three months before such completion by the Superintendent of the Jail in which the convict is for the time being detained, through the Inspector-General, for orders of the State Government. If the convict's jail records during the last three years of his detentions are found to be satisfactory the