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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL  JURISDICTION  

WRIT PETITION (CRIMINAL) NO. 62   OF 2013

LAZER                              Petitioner(s)

                    :VERSUS:

STATE OF TAMIL NADU                         Respondent(s)

O R D E R

Heard  Mr.  Dwarakanath,  learned  counsel  

appearing  for  the  petitioner  and  Mr.  Subramonium  

Prasad, learned counsel for the State of Tamil Nadu.  

This petition under Article 32 of the Constitution  

of  India  has  been  filed  for  release  of  the  

petitioner  from  jail  on  the  ground  that  the  

petitioner has been inside jail for more than 26  

years in view of his conviction under Section 302 of  

the  Indian  Penal  Code  and  other  charges.  He  has  

relied upon an order passed by a Bench of this Court  

in Writ Petition (Criminal) No. 38 of 2011(Harpal  

Singh Vs. State of Haryana & Anr.), to which one of

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us (H.L. Gokhale, J) was a party.  That was also a  

writ petition wherein the petitioner had undergone  

imprisonment  for  more  than  20  years.  We  may,  

however, note that the condition of his health was  

placed before the Court and the State Government did  

not  dispute  the  correctness  of  the  certificates  

produced by him and it was in these circumstances  

that an order of release was passed.  

2. Now,  the  law  in  this  behalf  has  been  

clarified and the sentence for life is interpreted  

to mean sentence for the whole life of the convict  

concerned. The power, of course, remains with the  

State Government to remit the sentence as per rules  

if  such  an  application  is  made  to  the  State  

Government.  

3. Mr. Subramonium Prasad, learned counsel for  

the State of Tamil Nadu states that there are many  

other  difficulties  as  far  as  the  petitioner  is  

concerned, inasmuch as he did not return to the jail  

on six occasions when he was released on parole and  

also  indulged  into  criminal  activities  when  on  

parole.  Be that as it may, it will be open to the

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petitioner to  apply to  the appropriate  Government  

under Section 432 of the Code of Criminal Procedure  

and then it is for the State Government to consider  

the application in accordance with law. Mr. Prasad  

assures us that if such an application is made, it  

will be considered and decided expeditiously.   

The writ petition stands disposed of.         

.........................J (H.L. GOKHALE)

..........................J (MADAN B. LOKUR)

New Delhi; July 15, 2013.