<p>The High Court on Friday ordered notice to the state government on a PIL challenging certain clauses in the guidelines pertaining to the premature release of convicts.</p>.<p>The PIL, filed by Justice Initiative Foundation, Bengaluru, claimed that the guidelines are contrary to the Supreme Court as well as the National Human Rights Commission (NHRC) guidelines.</p>.<p>The petitioner said that the Governor of a state is empowered under Article 161 of the Constitution to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.</p>.<p>This power of the governor, as per the guidelines issued by the government, is unrestrained by CrPC sections 433, 433A and is to be exercised in accordance with the judgment of the Supreme Court, the petitioner contended.</p>.<p>“However, the guidelines are formulated on arbitrary and unprincipled criteria, denying many classes of life convicts the right to be even considered for premature release on par with other life convicts in the state of Karnataka,” the petitioner said.</p>.<p>According to the petitioner, the Prison Statistics India Report- 2019, the latest available data, the total number of convicted life prisoners in Karnataka is 2,513.</p>.<p>The petitioner has claimed that the categorization of life convicts as 'can never be reformed' or 'not fit to join society' for the purpose of premature release is arbitrary in nature.</p>.<p>The petitioner claimed such a determination cannot be made without a personal, objective and continuing assessment of each prisoner on a case-by-case basis.</p>.<p>A division bench, headed by Acting Chief Justice Alok Aradhe, granted four weeks time to the state government to submit a statement of objections to the PIL.</p>
<p>The High Court on Friday ordered notice to the state government on a PIL challenging certain clauses in the guidelines pertaining to the premature release of convicts.</p>.<p>The PIL, filed by Justice Initiative Foundation, Bengaluru, claimed that the guidelines are contrary to the Supreme Court as well as the National Human Rights Commission (NHRC) guidelines.</p>.<p>The petitioner said that the Governor of a state is empowered under Article 161 of the Constitution to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.</p>.<p>This power of the governor, as per the guidelines issued by the government, is unrestrained by CrPC sections 433, 433A and is to be exercised in accordance with the judgment of the Supreme Court, the petitioner contended.</p>.<p>“However, the guidelines are formulated on arbitrary and unprincipled criteria, denying many classes of life convicts the right to be even considered for premature release on par with other life convicts in the state of Karnataka,” the petitioner said.</p>.<p>According to the petitioner, the Prison Statistics India Report- 2019, the latest available data, the total number of convicted life prisoners in Karnataka is 2,513.</p>.<p>The petitioner has claimed that the categorization of life convicts as 'can never be reformed' or 'not fit to join society' for the purpose of premature release is arbitrary in nature.</p>.<p>The petitioner claimed such a determination cannot be made without a personal, objective and continuing assessment of each prisoner on a case-by-case basis.</p>.<p>A division bench, headed by Acting Chief Justice Alok Aradhe, granted four weeks time to the state government to submit a statement of objections to the PIL.</p>
