LAW FOR ALL

“transportation for life” A sentence of transportation for life or imprisonment for life must prima facie be treated as transportation or imprisonment for the whole of the remaining period of the convicted person's natural life. The petitioner – a life convict has filed this contempt petition against the respondents – the State of West Bengal and its officers for disobeying the order dated 24.11.2010 passed by this Court by not complying with the same within the prescribed period of eight weeks and failure to release him in accordance with the statute. - “The life convict was convicted on 18.01.1990 under Section 302/34 IPC and detained in connection with S.T. No. 01 of June 1989. He was released on parole from Presidency Correctional Home on 29.04.2005 in compliance with Hon’ble Supreme Court’s order in Writ Petition (Criminal) No. 279 of 2004. The police authority vehemently opposed the premature release of the life convict on the following grounds: (a) He was a notorious fellow in the area before his conviction. (b) He still maintains relationship with his old associates. 20Page 21 (c) He is within the age of 52 years with sound health. (d) His socio economic condition is not sound. (e) In case of his premature release there is every possibility of his reverting to criminality. (f) During his parole he has been technically serving life imprisonment binding him to refrain from criminal activities for the time being. There is every possibility of his committing further crimes. Considering the above fact, the Review Board did not find any reason to recommend premature release of the life convict now on parole.” It is seen that after careful consideration of all the aspects, the Review Board in its meeting held on 27.01.2011 did not recommend the petitioner for his premature release. The recommendation of the Review Board was placed before the State Government and the State Government accepted the recommendation of the State Sentence Review Board. The decision of the State Government was communicated to the petitioner vide letter No. 790-J dated 09.02.2012. In view of the decision of the State Sentence Review Board, approval by the State Government and the principles enunciated in various decisions of this Court including the decision of the Constitution Bench in Gopal Vinayak Godse’s case (supra), we find no merit in the contempt petition, consequently, the same is dismissed.