Court criticizes Sentence Review Board for repeated rejections based on the gravity of the crime, emphasizes reformative justice principles.
In a significant judgment, the Delhi High Court has ordered the immediate release of Harpreet Singh, a life convict who has served over 25 years in prison. The court criticized the Sentence Review Board (SRB) for rejecting Singh's plea for premature release 12 times, solely based on the heinous nature of the crime. Singh was convicted of rape and robbery in 2003, and despite exemplary conduct during incarceration, his requests for remission were repeatedly denied.
Justice Neena Bansal Krishna highlighted the importance of the reformative theory in the penal system, stating that the gravity of the crime should not be the sole criterion for denying remission. The court noted that Singh had demonstrated commendable behavior during his time in prison, receiving multiple recognitions for good conduct, and had lost the propensity to commit future crimes.
The judgment underscores the need for a holistic assessment of a convict's reformation, conduct, and potential for reintegration into society. The court emphasized that continued incarceration without considering the convict's transformation undermines the principles of reformative justice.
The court also addressed the procedural lapses in the SRB's decision-making process, noting the mechanical nature of the rejections and the failure to apply the relevant policy factors. The judgment serves as a reminder that the judicial system must uphold constitutional principles and prevent injustice through a reasoned and objective evaluation of remission applications.
Bottom Line:
Premature release of life convict - Consideration under Reformative Theory - The gravity of the crime cannot be the sole criterion for denying remission; holistic assessment of the convict's reformation, conduct, and potential for reintegration into society is essential.
Statutory provision(s): Criminal Procedure Code, 1973 - Section 433-A, Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023.
Harpreet Singh v. State (Govt. of NCT of Delhi), (Delhi) : Law Finder Doc id # 2848493
