In Re: Principal Secretary, Department of Home, Government of Jharkhand and Others

The news about the agitation initiated by the prisoners have been reported in various newspaper (English or Hindi) of Ranchi edition including Pioneer dated 04.02.2014, Prabhat Khabar, dated 05.02.2014, Times of India dated 05.02.2014 etc. in the State of Jharkhand. The news published in the various newspapers have reported regarding the premature release of the life convicts who are said to have spent more than 14 years. It is pertinent to mention that the Hon''ble Apex Court has laid down the principles in such cases for the consideration of the premature release of the life convicts by the appropriate State Government.

In a noted case of State of Haryana and Others Vs. Jagdish and Harpal, , the Hon''ble Apex Court has held as under:

The State Authority is under an obligation to at least exercise its discretion in relation to an honest expectation perceived by the convict, at the time of his conviction that his case for premature release would be considered after serving the sentence, on that date. The State has to exercise its power of remission....

It has come to the notice of this Court about the news reported in Pioneer dated 6th February, 2014 (Ranchi edition) that the Jail Superintendent of Daltonganj Central Jail has sent a list of 10 convicts to the I.G., Prison for the consideration of their release and further it has also been reported in the said newspaper that a meeting of State Sentence Review Board has been convened on February, 7 to explore the possibility of their release.

On the basis of the judgment of the State of Haryana and Others Vs. Jagdish and Harpal, and the directions of the Hon''ble Supreme Court in the said case, this Court takes suo motu notice of the newspaper report published in various newspaper. Accordingly, (1). Principal Secretary, Department of Home, Government of Jharkhand, (2). The Inspector General of Police, Jail, Government of Jharkhand (3). The Law Secretary, Government of Jharkhand and (4). Principal Probation Officer, Government of Jharkhand are impleaded as party-respondent in this case.

Mr. Jai Prakash, A.A.G. appears on behalf of the State of Jharkhand and accepts notice on behalf of respondents. The aforesaid respondents are directed to submit their response on the following queries by tomorrow i.e. 7th February, 2014.

(i) The steps taken by the State Government on the agitation and ''Hunger Strike'' by the prisoners in various jails across the State of Jharkhand as reported in the newspapers.

(ii) Whether the rights of the life convicts with respect to their premature release in the light of the principles laid down by Hon''ble Apex Court have been considered by the concerned authorities in the State of Jharkhand?

(iii) Whether the State Government has formulated any rules/guidelines or executive instructions to exercise their discretion in this regard at the appropriate time?

Put up this case on 7th February, 2014 at the top of the list.

A copy of this order be given to learned A.A.G.