Remission, matter of state
15 years, 2 months ago

Remission, matter of state

Hindustan Times  

Even as the government empowers victims to have a say in criminal cases, the Supreme Court on Tuesday said complainants could not challenge an executive decision, remitting a convict’s sentence. HT Image A bench headed by Justice Markandeya Katju said: “A complainant has no locus standi in cases where a government orders a convict’s premature release. A complainant can be permitted to challenge an acquittal but not the remission of a convict’s sentence.” With its order the court dismissed the appeal of one Bhan Singh who had moved SC challenging the premature release of his brother’s murderer, Surjit Singh. The convict was set free in 2006 following a Punjab and Haryana High Court order directing the state to consider him for a premature release under its remission order. Bhan also questioned a medical board’s “unreasoned” opinion stating Surjit was more than 70 years and was, thus, entitled to the benefits of the remission order.

Order Release Surjit Bhan  matter  surjit  punjab  remission  premature  court  convicts  release  order  criminal  state

History of this topic

State obligated to consider remission plea of all convicts upon eligibility: SC
1 month, 2 weeks ago

State obligated to consider remission plea of all convicts upon eligibility: SC

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday passed a slew of directions in the suo motu criminal writ petition of 2021 concerning the strategy for granting bail, as it held that the states and union territories had an obligation to consider the premature release of all convicts and it was not necessary for them to apply for permanent remission. A …

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001
4 months, 3 weeks ago

Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001

Live Law  

The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of …

Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt
1 year, 5 months ago

Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt

Live Law  

In a recent ruling by the Supreme Court of India, a case involving the belated grant of permanent remission, the Court urged the Chhattisgarh State Government to ensure that such cases are considered without unnecessary delays, following the government's policy. We hope and trust that the State Government will ensure that there is no delay in considering the cases for …

Cannot deny remission by relying predominantly on presiding judge’s opinion: SC
1 year, 7 months ago

Cannot deny remission by relying predominantly on presiding judge’s opinion: SC

Hindustan Times  

The Supreme Court on Friday said that in granting remissions, state governments should not rely predominantly on the opinion of the presiding judge if it focusses on the crime than on the criminal, as a mechanical approach to rely on the convicting court’s opinion alone to deny pre-mature release of prisoners will subvert the concept of remission and result in …

Reviewing remission: The Hindu Editorial on the need for norms to release convicts
2 years, 7 months ago

Reviewing remission: The Hindu Editorial on the need for norms to release convicts

The Hindu  

Public-spirited activists have done well to challenge in the Supreme Court the premature release of 11 convicts who were serving life terms for the gang-rape of a woman and the murder of at least seven people during the 2002 anti-Muslim pogrom in Gujarat. Bilkis Bano, the survivor, has not moved the courts so far, but it is clear that the …

Remission without reform: On the release of 11 convicts in Bilkis Bano case
2 years, 7 months ago

Remission without reform: On the release of 11 convicts in Bilkis Bano case

The Hindu  

The release of 11 convicts sentenced to life for the heinous murder of seven people and the gang-rape of three women during the Gujarat communal pogrom of 2002 is a questionable decision by the State. It defies logic that those convicted for direct involvement in the rape of three women, the murder of a three-year-old and six others can be …

HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Section 432, 433A CrPC Must Be Considered : Supreme Court
3 years, 10 months ago

HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Section 432, 433A CrPC Must Be Considered : Supreme Court

Live Law  

The Supreme Court on Tuesday clarified that the constitution of High-Powered Committees in State Governments to de-congest prisons will not stand in the way of remission boards considering applications for remissions of prisoners under Sections 432, 433A of the Code of Criminal Procedure.A vacation bench comprising Justices L Nageswara Rao and Aniruddha Bose clarified that the order passed on. The …

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]
4 years, 8 months ago

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]

Live Law  

A three judge bench headed by Justice UU Lalit has referred to a larger bench an important legal issue about the validity of Haryana Government's policy allowing premature release of life convicts aged above 75 which overrides Section 433A of Code of Criminal Procedure. "Whether in exercise of power conferred under Article 161 of the Constitution a policy can be …

SC Questions Haryana Govt's Policy Allowing Premature Release Of Life Convicts Aged Above 75 [Read Order]
4 years, 10 months ago

SC Questions Haryana Govt's Policy Allowing Premature Release Of Life Convicts Aged Above 75 [Read Order]

Live Law  

The Supreme Court has issued notice to the State of Haryana asking it to explain its policy which conferred the benefit of remission on convicts who stood convicted for life sentence and are above the age of 75 years and have completed 8 years of actual sentence. Prima facie the Policy appears to be in conflict with Section 433A of …

The politics of remission
11 years, 1 month ago

The politics of remission

The Hindu  

Commutation of a death sentence to life imprisonment could be seen as an act of compassion, but a straight leap from capital punishment to wholesale release as has been proposed by the Tamil Nadu government in the case of the Rajiv Gandhi assassination convicts raises the question whether the very object of penal laws is being subverted. The Supreme Court, …

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