A life convict is entitled to have their case for premature release considered based on the remission policy prevailing on the date of conviction, or a more liberal policy existing at the time of consideration, ensuring that restrictive subsequent policies do not operate retrospectively.

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“.... WRIT OF MANDAMUS declaring the action of respondents delay in considering the release of Petitioner's husbands immediately through remission in accordance with rules, law and the Orders of Hon'ble Supreme Court of India dated 18.02.2025 in SLP(Criminal) No.529/2021 is illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently directing the Respondents to release the Petitioner's husbands immediately through remission in accordance with rules, law and the Orders of Hon'ble Supreme Court of India dated 18.02.2025 in SLP(Criminal) No.529/2021.”

Heard Sri Gundala Siva Prasad Reddy, learned counsel for the Petitioners and Ms.A.Jayanthi, learned Government Pleader for Home.

Learned counsel for the Petitioners would submit that the respective husbands of the Petitioners herein i.e., C.T.No.6006, C.T.No.0006 and C.T.No.005, were sentenced to undergo life imprisonment on 01.12.2015, 01.12.2015 and 22.04.2015 in murder case and have been in District Jail, Vijayawada, Sub Jail, Polavaram and Sub Jail, Polavaram respectively. Learned counsel would further submit that, the husband of Petitioner No.1 has undergone actual sentence of 09 years 09 months and 09 days and total sentence of 13 years 06 months and 25 days. The husband of Petitioner No.2 has undergone actual sentence of 09 years 07 months and 28 days and total sentence of 13 years 04 months and 09 days. The husband of Petitioner No.3 has undergone actual sentence of 10 years 03 months and 28 days and total sentence of 13 years 08 months and 19 days. Learned counsel would further submit that the husbands of Petitioners herein were life convicted in the year 2015 for the offence of murder and in obedience to the orders of the Hon’ble Supreme Court of India dated 09.02.2022, the Government had issued G.O.Ms.No.58, Home (Paroles & HRC) Department, dated 16.03.2023, which was subsisting as on the date of conviction of the convict prisoners. It is further submitted that, as per the judgment of the Hon’ble Apex Court in State of Haryana vs. Mahender Singh and others ¹(2007) 13 SCC 606, the policy that was prevailing on the date of conviction shall be applicable to the life convict to release him on remission. Learned Counsel would further submit, though the husbands of the Petitioners fall under the ambit of G.O.Ms.No.58, Home (Paroles & HRC) Department, dated 16.03.2023, the Respondents have arbitrarily rejected their case by relying on G.O.Ms.No.71, Home (Paroles & HRC) Department, dated 17.04.2025 and the G.O has to operate prospectively but not retrospectively. Learned counsel would finally submit that, in view of G.O.Ms.No.58, dated 16.03.2003, the husbands of the Petitioners may prematurely be released.

Per contra, learned Government Pleader for Home would submit that, the convict prisoners are not eligible for grant of special remission as per the G.O.Ms.No.71 dated 17.04.2025 as they do not satisfy the condition of completion of 14 years of actual sentence and 20 years of total sentence.

As seen from the material placed on record, the life convicts who are the respective husband of the Petitioners herein were convicted and have undergone actual sentence of 09 years 09 months and 09 days and total sentence of 13 years 06 months and 25 days, actual sentence of 09 years 07 months and 28 days and total sentence of 13 years 04 months and 09 days and actual sentence of 10 years 03 months and 28 days and total sentence of 13 years 08 months and 19 days. In obedience to the Orders of the Hon’ble Supreme Court of India in SLP(Crl.) No.529 of 2021, the State have issued G.O.Ms.No.58, Home (Paroles & HRC) Department, dated 16.03.2023, relating to premature release of the life convicts. Undisputedly, G.O.Ms.58, which was issued on 16.03.2023 is applicable to the convict prisoners