conferred on the State Government uls 432 read with Sec.433A of the Code of Criminal
Procedure (for short the Code). Some of the complainants had alleged that their cases
had not been considered for release in accordance with the provisions of -the Uttar
Pradesh Prisoners Release on Probation Act, 1938, and the ruIes made thereunder (for
short the Rules).
The Commission issued notice to the Chief Secretary, Secretary Home and the
IG(Prisons), Government of Uttar Pradesh. IG(Prisons) in his report stated that the
.prisoners sentenced to imprisonment for life had no right to be released on completion
of 14 years of sentence. He further took the stand that the cases of the complainants
had been duly considered in accordance with the Code and the Rules and the
complainants were not released because they were not found suitable for release.
Prisoners who had completed 30 years of sentence were released on the eve of the
Republic Day. All prisoners who attained the age of 70 years were being released if
they fulfilled the conditions prescribed by the Government and female prisoners were
released on their completing sentence of 10 years. The State Government stated that
case for relief under various provisions of the Act and the jail manual were considered
regularly and sympathetically.
On consideration of the report of the IG of Prisons of Uttar Pradesh and observing
that on the question of remission of.sentence of life-convicts there was no uniformity
in all the States, the Commission felt it necessary to evolve uniform principles of general
application for the whole country. Accordingly, the Commission notified all the State
Governments and collected the statutes and jail manuals in operation in different States.
It examined the recommendatibns in Chapter 20 of the report of the All India Committee
on Jail Reforms (1980-1983) popularly called the Mutla Committee Report. It held
extensive discussions with the representatives of the Governments at the Union and
the State level and the prison authorities. The Commission after careful consideration
of all aspects prepared a draft of the outline of Indian Prison Bill for being enacted by
the Parliament in accordance with Article 252 of the Constitution so that law on the
subject is uniform in all the States.
As far as these IIcases are concerned they had to be dealt with in accordance
with the law as it obtained in the State of Uttar Pradesh from where these cases had arisen.
After examining the provisions of Articles 72 and 161 of the Constitution, sections
432,433 and 433 A of the Code of Criminal Procedure, the relevant rules, practice and
procedure the Commission made the following recommendations: