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Arjun Jadav v. State of West Bengal

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 229 of 2004)Decided 2 Jul 2014
Writ Petition (Criminal) No. 229 of 2004
Justice Sudhansu Jyoti Mukhopadhaya · Justice Ranjana Prakash Desai

Background

Arjun Jadav, convicted of murder, sought release after serving more than eighteen years in prison. He argued that jail rules and remission credits limited his life sentence to twenty years. His wife's applications for premature release had been rejected, although the jail superintendent had recommended his release.

Decision Breakdown

The Court dismissed the habeas corpus petition. A life sentence lasts for the prisoner's natural life unless the competent government lawfully reduces it; treating twenty years as a basis for calculating remission does not create an automatic release date. The Court vacated its earlier interim release order and permitted the authorities to take Jadav into custody. Given his long imprisonment and the superintendent's recommendation, any fresh remission application was to be placed before the Review Board for reconsideration under the applicable rules. The government remained free to make an appropriate order.

Lesson Learnt

A prisoner serving a life sentence cannot demand release merely because fourteen or twenty years have passed. Premature release requires a separate lawful decision by the competent authority.

Official source (sci.gov.in)View Judgment (PDF)

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