The Supreme Court on Tuesday said if a prisoner has undergone more than 14 years of imprisonment in cases of conviction for offences prescribing death penalty as the maximum sentence, the state government is competent to order premature release. A bench of Justices Hemant Gupta and A.S. Bopanna said: "If a prisoner has undergone more than 14 years of actual imprisonment, the state government, as an appropriate government, is competent to pass an order of premature release."

However, it added that if the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has the power to grant pardons, reprieves, respites and remissions of punishment or to suspend, remit, or commute the sentence of any person de hors the restrictions imposed under Section 433-A of the Constitution. The top court order came as it upheld the Haryana government policy of August 13, 2008 on power to release prisoners, saying it was issued in exercise of powers conferred under the CrPC and in supersession of earlier orders.