30 : CtVIL LIBERTIES
8)
Premature Release of Life Term Prisoners
3.60 Given the inconsistent and varying practices being followed in the country at
present, the Commission considered the need for uniformity of standards and
procedures in connection with the premature release of convicts undergoing life
imprisorunent in prisons around the country. The Commission noted that although
the power of premature release is to be exercised by the State Governments under the
provisions of Section 432 of the Code of Criminal Procedure, 1973 (Cr. PC), the
procedures and practices followed by the State Governments to exercise this power
were not uniform. The Commission, therefore, considered the matter and evolved
Guidelines, on which the views of the States/Union Territories were sought. The
details of the Guidelines were set out in the last Annual Report of the Commission.
During the year under review, the Commission! reiterated its recommendation that
these Guidelines be observed by the States and that, wherever existing rules are
inconsistent with any of the Guidelines, the State Governments should make
appropriate modifications in the rules so that the Guidelines can be implemented
uniformly throughout the country.
3.61 The Commission has received responses from 26 States and Union Territories,
the majority of which have accepted the Guidelines. The Commission urges the States
of Andhra Pradesh, Bihar, Himachal Pradesh, Maharashtra and Nagaland, and the
Union Territory of Andaman and Nicobar Islands, which have not yet responded, to do
so at the earliest.
G] Human Rights and Administration
of Criminal Justice System
3.62 In its preceding reports, the Commission has made a number of precise
proposals aimed at improving certain aspects of the administration of Criminal
Justice in India.
3.63 Upon the Commission's recommendation, the Central Government wrote to the
State Governments stressing the need for financial autonomy of the courts. The
Central Government had also asked the National Judicial Academy to develop
programmes for the speedy clearance of criminal cases in courts and to interact with
NATIONAL HUMAN RIGHTS COMMISSION