Punjab and Haryana High Court Orders Re-evaluation of Premature Release for Life Convict Sonia

High Court Criticizes State Authorities for Misapplying Premature Release Policy and Overstepping Judicial Boundaries

In a significant ruling, the Punjab and Haryana High Court has ordered a reassessment of life convict Sonia's application for premature release. The court, presided over by Justice Surya Partap Singh, found that the competent authority's decision to deny Sonia's release was flawed due to the misapplication of the premature release policy and an overreach into the judicial domain.

Sonia, convicted in 2004 for offenses under sections 302, 120B, and 34 of the Indian Penal Code and sections 25 and 27 of the Arms Act, had her death sentence commuted to life imprisonment by the Supreme Court in 2014. The commutation was based on procedural delays in deciding her mercy petition. Despite having served over 21 years of actual sentence and 26 years with remission, her plea for premature release was rejected in 2024, citing unsatisfactory conduct and multiple jail offenses.

The High Court, however, underscored that the premature release policy requires consideration of a convict's conduct only in the last five years prior to eligibility, not the entire duration of incarceration. The court pointed out that the authorities erred by considering offenses dated as far back as 2005, contrary to the policy stipulations.

Justice Singh further criticized the State Level Committee for commenting on the judicial proceedings and evidence presented during Sonia's trial, which is beyond their jurisdiction. The court emphasized that the power to modify or extend sentences lies exclusively with the judiciary, not administrative committees.

The judgment highlighted the need for a balanced approach in premature release policies, ensuring societal interests and opportunities for convict rehabilitation are both addressed. The court remarked that arbitrary application of such policies violates Articles 14 and 21 of the Constitution, which guarantee equality before the law and the right to personal liberty.

In light of these findings, the High Court set aside the impugned order rejecting Sonia's premature release application and directed the authorities to reconsider her case within two months, adhering strictly to the 2002 policy guidelines. Until a new decision is made, Sonia is to be released on interim bail.

The ruling is a reminder of the judiciary's role in safeguarding individual rights against administrative overreach and underscores the importance of adhering to established policies and legal precedents.

Bottom Line:

Premature release of life convict under a policy - Conduct of the convict in the last five years prior to eligibility should be considered, and not the entire duration of incarceration - Competent authorities cannot transgress jurisdiction of courts in modifying or extending sentences.

Statutory provision(s): Articles 14 and 21 of the Constitution of India, Sections 302, 120B, 34 of Indian Penal Code, Sections 25 and 27 of Arms Act, Article 161 of the Constitution of India.

Sonia v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2820875