High Court Directs Consideration of Premature Release for Convict with Exemplary Conduct and Educational Qualifications Acquired in Prison
The High Court of Karnataka at Bengaluru, in a judgment dated December 6, 2022, before the Hon’ble Mr. Justice M. Nagaprasanna, has directed the consideration of a writ petition filed by Sri Satish Kumar A @ Satish Kumar Gupta, a convict presently housed in Bengaluru Central Prison, seeking premature release from prison. The petitioner, who was convicted for offences punishable under Sections 302 and 201 of the Indian Penal Code (IPC), has sought consideration of his release based on his exemplary conduct in prison and the acquisition of several educational qualifications while serving his sentence.
The petitioner, who has not yet completed 14 years of imprisonment as required by law for premature release, has acquired Post Graduate Certificate Training in Cyber Law and Post Graduation Diploma in Criminal Justice from the Indira Nagar National Open University while in prison, as supported by certificates appended to the petition. The petitioner has also received several certificates of appreciation from the Superintendent of Prison, which are matters of record and not in dispute.
The imprisonment certificate of the petitioner shows that he has completed close to 13 years and 2 months in prison as of the date of the judgment, and according to the learned Additional Government Advocate, he has to wait for another 10 months to complete 14 years before he can seek premature release.
However, the learned counsel appearing for the petitioner has relied on several judgments of the Supreme Court where detenus have been released before completing 14 years or the term of their sentence based on the qualifications they have acquired during their imprisonment and their conduct in prison. The Court has directed the respondents, including the State of Karnataka, the Director General of Police, Prisons and Correctional Services, and the Chief Superintendent of Central Prison, to place the petitioner’s case before the Committee for his premature release from prison and to furnish a report that records the petitioner’s exemplary conduct and educational qualifications acquired in prison, to arrive at a just and fair conclusion. The Court has issued the direction in the nature of a writ of mandamus, a judicial order compelling a public authority to perform its legal duty.
SRI SATISH KUMAR vs THE STATE OF KARNATAKA
