Government's discretionary rejection of premature release for life convict under G.O. guidelines citing Section 224 IPC escape not contemptuous.

The learned counsel for the contempt petitioner would mainly contend that the case of the convict prisoner was not considered in accordance with the guidelines issued in G.O.(Ms.) No.430, Home (Prison-IV) Department dated 11.08.2023.

2. The learned Additional Public Prosecutor would oppose by stating that the case of the convict prisoner was considered objectively and in exercise of discretion, the Government rejected and thus, there is no wilful disobedience of the orders of the Court warranting action under the Contempt of Courts Act.

3. Clause (viii) of G.O.(Ms.) No.430, Home (Prison-IV) Department dated 11.08.2023 reads as under:

(viii) Offence under section 224 of IPC for the act of escape or attempt to escape from lawful custody (except overstayal of emergency/ ordinary leave).

4.Thus, the guidelines does not confer any right for pre-mature release of life convict. It is the sole discretion and prerogative of the Government to take into account other factors like nature of offence and its effect on society, fitness for rehabilitation into society, law and order implications and public interest etc.,5.Therefore, this Court is of the considered view that the decision taken by the Government cannot be construed as infirm, since the decision is taken in exercise of the powers of discretion and the Government exercised its prerogative power conferred under G.O.(Ms.) No.430, Home (Prison-IV) Department dated 11.08.2023.

6. That being the case, no contempt is made out. It is for the convict prisoner to make out an application on completion of 20 years, if he is eligible under any other Scheme which is in force.