Excelsior Correspondent
JAMMU, Nov 19: “Life imprisonment of any convict doesn’t automatically come to an end without any order from the competent authority”.
This has been observed by Justice Mansoor Ahmad Mir in a judgment delivered in Dr Ashaq Hussain Factoo Versus State and Others case.
After pondering over some questions like whether life imprisonment means entire natural life or undergoing 20 years of sentence, whether a life convict can be released automatically after completion of 20 years without any orders from the State including the jail authorities, whether the provisions contained in the Jail Manual, Prisons Act and Prisoners Act have overriding effect over the provisions of Ranbir Penal Code and Criminal Procedure Code besides going through the provisions of law, Justice Mir observed, “from the provisions of law one comes to an inescapable conclusion that the life imprisonment means imprisonment for life and it doesn’t automatically come to an end without any order from the competent authority”.
“The argument that in terms of Section 57 of RPC life imprisonment means imprisonment for 20 years is devoid of any force. The object of Section 57 relates as to how to calculate the fractions of terms of punishment and provides that imprisonment for life shall be reckoned as equivalent to imprisonment for 20 years when punishment is to be awarded to a co-accused, who is also involved in the same offence either by abetment, conspiracy or attempt in which the main accused is awarded the sentence of imprisonment for life”, Justice Mir said.
While referring to the argument that the provisions contained in the Jail Manual, Prisons Act and Prisoners Act mandate that imprisonment for life means 20 years, Justice Mir said, “the argument has no force for the simple reason that the provisions contained in these Acts only lay down the provisions as to how to regulate and manage the prisoners in the prisons”.
“The grounds urged in the petition is not tenable for the reason that if the jail authorities take into consideration the conduct of the convict and make a recommendation for remission or release of convict after 20 years or 14 years, the sanction of the Government is pre-requisite. It is the domain of the Government to consider the case along with the recommendation made and pass an order in the facts and circumstances of each case”, Justice Mir said, adding “writ of mandamus cannot lie to command the Government for passing such order or to release the convict after expiry of 14 years or 20 years without any specific order”.
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