No prisoner should overstay in jail: HC

22 January,2009 10:13 AM IST |   |  PTI

The Bombay High Court ordered prison authorities across the state to ensure that no prisoner who has completed his life term of 14 years stays in prison even 'a day more'.


The Bombay High Court ordered prison authorities across the state to ensure that no prisoner who has completed his life term of 14 years stays in prison even 'a day more'.


"No prisoner should stay prisoner a day more than he is supposed to be," division bench of Justices Bilal Nazki and Anup Mohta said.


The order came on a petition filed by one Vishwajeet Khanvanekar, who had to spend eight months in the prison after his life imprisonment was over.


There are guidelines to determine the period of life term, which vary as per the severity of the offence. Khanvanekar was released in November, but court had sought information as to the status of prisoners sentenced to lifer and are entitled to be released on serving sentence for 14 years.


Inspector General (prisons) Rajnish Seth informed the court that there were 265 prisoners in the state who had completed 12 years of jail term, and were entitled to be released after serving 14 years.


The court was shocked to find that seven of them have spent more than 14 years - with one, in fact, spending 16 years in prison.


"These prisoners are to be released forthwith," Justice Nazki said in the order. Moreover, the Chief Secretary has to conduct inquiry and fix responsibility for the overstay of these seven convicts, court said.


In future, the court said, measures must be taken to ensure that nobody overstays in jails.

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No prisoner should overstay jail HC