In his order, Justice Bhattacharyya noted that it is settled law that the aim of punishment in modern criminal jurisprudence is reformative and not retributive.
The single-judge further noted that the WBSSRB failed to call for a report from the concerned prison authorities on the conduct of the convict while in jail and also his present behaviour.
“That apart, we do not find from the records anything to indicate whether the petitioner participated in any social productive work in the meantime and/or has undergone any further education or qualification while in custody,” the Court said.
It further noted that since the WBSSRB was not properly constituted, it is all the more necessary that the request for premature release is reconsidered by a properly constituted Board.
With these observations, the Court disposed of the petition with a directive to the WBSSRB to reconsider the request for premature release of the convict.
Source: Barandbench
