NEW DELHI: In an interesting contrasting interpretation of powers for premature release of lifers, the Supreme Court on Tuesday said state governments have no power under the criminal procedure code to release a person sentenced to life imprisonment prior to undergoing a minimum 14 years jail term.
However, the Governor using his powers under Article 161 of the Constitution can remit the sentence of a lifer even prior to serving 14 years in prison, said a bench of Justices Hemant Gupta and A S Bopanna. The bench immediately clarified that the Governor could exercise his remission powers under Article 161 only on the aid and advice of the council of ministers headed by the chief minister.