NEW DELHI: The Supreme Court on Friday decided to hear a petition, filed by Chandrakant Jha, who is serving life term, seeking to know as to whether the specification of 'life sentence' would mean the entire life or can it be commuted or remitted by powers given under law.
According to section 432 of the Code of Criminal Procedure (CrPC), it deals with power of commutation or suspension of sentences.
The Apex Court would now hear the plea filed by Jha, on the legalities point of view.
The Top Court's two-judge bench, headed by Justice Hrishikesh Roy and also comprising Justice Prashant Kumar Mishra, was hearing the plea filed by Jha, serving life term after being convicted in three murder cases in which headless torsos were found outside Tihar jail here in 2006 and 2007.
The bench, after hearing Jha's plea, issued notice to the Delhi government and sought its detailed response on the plea.
In 2013, Jha was sentenced to life term till death in a case related to the killing of a person whose headless body was dumped near Tihar Jail in 2007.
Advocate Rishi Malhotra, appearing for the petitioner Jha, said if the imprisonment for life is construed till natural life, then it violates the fundamental right of a convicted person.
He said the imposition of imprisonment till natural life for the offence of murder was unconstitutional for the reason that it completely snatches the chance of reformation of an individual and violates remission policy and rules prescribed by state governments.
Malhotra said that the main issue raised before this court is as to whether the specification of ‘life sentence’ would mean till the whole life or can it be commuted or remitted by way of remission powers under section 432 of CrPC.