New Delh: The Supreme Court today
reserved its judgement on the legal validity of imposing
rigorous imprisonment on those convicted for murder and
certain other offences.
A bench of Justices H S Bedi and C K Prasad reserved
the verdict after hearing the arguments of senior counsel
Pandit Parmanand Katara appearing for convict Dilpesh
Balchandra Panchal who claimed imposition of "rigorous
imprisonment" was illegal as there was no provision for
it under IPC.
The counsel argued since a person is convicted for
life and condemned to remain in jail throughout his life or
for 14 years, the sentence of rigorous punishment would only
cause further agony to the prisoner.
Under rigorous imprisonment, a convict is subjected to
harsh labour like cooking food for 500 prisoners, shifting
sand bags and entrusted digging works and gardening.
Under simple imprisonment, the convict, if he is a
teacher, is asked to teach fellow convict-students or
entrusted with other works like tailoring and detergent
making.
The counsel claimed that though Section 302 IPC
(murder) prescribes life imprisonment or death it nowhere
mandates the term "rigorous imprisonment."
For offences under IPC sections 394, 395 (dacoity) 396
(dacoity after committing murder), it is expressely prescribed
that the convicted persons should be sentenced to "rigorous
imprisonment." he argued.
The bench reserved its verdict on the issue as also
confirmation of life sentence imposed by a sessions court in
Gujarat.
Panchal was earlier convicted and sentenced to life
imprisonment by a sessions for a murder and the high court had
confirmed the sentence.
-PTI
First Published: Wednesday, March 10, 2010, 23:01