Denying remission after long jail term violates fundamental rights: SC

The Supreme Court on Thursday said denying a person remission as he was convicted of a heinous crime, even after spending a very long period in jail would be violative of his fundamental rights and rather signify society’s resolve to be harsh and unforgiving. 

A bench of Justice S Ravindra Bhat and Dipankar Datta directed for release of 65-year-old Joseph, who remained in a jail in Kerala for 26 years upon being convicted of 1994 murder and robbery of a woman.

The bench said the case related to the plea for compassion and a reevaluation of the treatment of long-serving inmates."What is achieved by continuing to punish a person who recognises the wrongness of what they’ve done, no longer identifies with it, and bears little resemblance to the person they were years earlier," the bench said.

The court said that the denial of premature release violated fundamental rights protected under Article 14 (right to equality) and Article 21 (right to life) of the Constitution. 

The bench said denying the relief of premature release to prisoners who have served extremely long periods of incarceration not only crushes their spirit and instills despair but signifies society’s resolve to be harsh and unforgiving, thereby entirely negating the idea of rewarding the prisoner for good conduct.