SC to examine whether a convict can be sentenced to ‘rigorous’ life imprisonment1 min read . Updated: 20 Dec 2016, 08:29 PM IST
A petitioner says that the imprisonment was unconstitutional as penal and procedural laws do not empower them to qualify the life sentence with the term 'rigorous'
New Delhi: The Supreme Court on Tuesday agreed to examine whether a convict can be sentenced to ‘rigorous’ life imprisonment.
Although it is a common practice for courts to sentence convicts to rigorous or simple life imprisonment, the phrases find no mention in penal laws.
A bench comprising justice P.C. Ghose and U.U. Lalit issued notice to the government on this question of law.
The issue came up before the apex court in an appeal against a life sentence awarded to a convict named Ram Kumar Sivare by a trial court in Chhattisgarh.
Senior lawyer Parmanand Katara, appearing for the convict, argued that the imprisonment was unconstitutional as penal and procedural laws do not empower them to qualify the life sentence with the term ‘rigorous’
“The imprisonment sentence is violative of right to life and right to equality under the constitution," Katara said.
The Chhattisgarh high court had upheld a trial court verdict convicting and awarding life term to Sivare and Bhuneshwar Prasad over a murder in 2010.
In cases of rigorous imprisonment, convicts are required to work in prisons as per guidelines of the state prison manuals.
The case will be heard next in January.