Rajasthan High Court Orders Premature Release of Life Convict After 22 Years

Court Quashes Advisory Committee's Decision, Citing Stable Mental Health and Family Support

In a landmark decision, the Rajasthan High Court has ordered the premature release of Mahendra Kumar, a life convict who has served over 22 years in prison. The decision came after the court quashed an earlier rejection by the Advisory Committee, which had denied his release on grounds of alleged mental instability and potential familial threat.

The court's judgment was delivered by a division bench comprising Justices Vinit Kumar Mathur and Anand Sharma. The bench emphasized the importance of stable mental health and familial support in decisions concerning premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 2006.

Mahendra Kumar, who was convicted for the murder of his father and sentenced to life imprisonment in 2008, had served more than 14 years of actual imprisonment and earned a remission of three years and nine months. His petition for premature release had been previously rejected by the Advisory Committee, citing concerns about his mental state and familial safety.

The court-appointed Amicus Curiae, Mr. Praveen Kumar Choudhary, conducted a thorough investigation, visiting the Central Jail in Udaipur and interacting with Kumar and his family. The resulting report contradicted the Advisory Committee's findings, revealing that Kumar was mentally stable and had expressed a desire to reintegrate into society. His family also confirmed their readiness to support him post-release.

The court found the Advisory Committee's reasoning unconvincing, particularly in light of the Amicus Curiae's findings. The bench highlighted that Kumar's stable mental condition and his family's willingness to reintegrate him provided a conducive environment for his premature release.

The ruling underscores the provisions of the 2006 Rules, which allow for the premature release of life convicts who have served the requisite period and have demonstrated stable mental health and family support. The court further appreciated the efforts of the Amicus Curiae in providing a detailed and insightful report.

This judgment sets a significant precedent for future cases involving the premature release of convicts, emphasizing the role of rehabilitation and family support in the reintegration process.

Bottom Line:

Premature release of a life convict under Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, is permissible upon serving 14 years of actual imprisonment and earning the requisite remission, provided the convict's mental condition is stable, and there is familial willingness to reintegrate.

Statutory provision(s): Rajasthan Prisons (Shortening of Sentences) Rules, 2006 - Rules 8(2)(i), 11, and 12.

Mahendra Kumar v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2819846