Cannot deny remission by relying predominantly on presiding judge’s opinion: SC
Hindustan TimesThe 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 despair and frustration among inmates. The Supreme Court said an overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable. Dealing with a petition filed by Rajendra Mandal, a murder convict in Bihar sentenced to life for causing death of three persons of whom two were policemen, the bench of justices S Ravindra Bhat and PK Mishra said, “In this court’s considered view, overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable.” This decision comes at a crucial time when the remission granted by the Gujarat government to 11 convicts in the Bilkis Bano gangrape case is under challenge before another bench of the Supreme Court, which is hearing separate petitions filed by Bano and a host of public-spirited persons. Such an approach has the potential to strikes at the heart and subvert the concept of remission – as a reward and incentive encouraging actions and behaviour geared towards reformation – in a modern legal system.” Under Section 432 of the Code of Criminal Procedure, the opinion of the presiding judge of the court, which convicted the prisoner, is to be taken by the appropriate government granting remission to a life convict.
History of this topic
Conditions Imposed While Granting Remission Should Not Be Oppressive: Supreme Court
Live Law
Governments obliged to consider remission of eligible convicts without waiting for application: SC
The Hindu
Supreme Court Directs States To Consider Premature Release Of Convicts When They Become Eligible Even Without Their Applications
Live Law
State obligated to consider remission plea of all convicts upon eligibility: SC
New Indian Express
Supreme Court seeks Odisha and CBI’s reply on Dara’s remission plea
New Indian Express
'Disgusted That This Court Is Repeatedly Taken On A Ride': Supreme Court On Suppression Of Facts In Yet Another Remission Plea
Live Law
Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases
Live Law
Supreme Court Rejects Conditions for Remission on Breach of Conditions: A Critical Ruling on Remission in Criminal Cases
Live Law
Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
Live Law
Presiding Judge Should Give Adequate Reasons In Opinion On Sentence Remission U/Sec 433(2) CrPC : Supreme Court
Live Law
Remission Can’t Be Denied Only Because Conviction Is In A Heinous Crime: Patna HC [Read Judgment]
Live Law
The politics of remission
The Hindu
Remission, matter of state
Hindustan TimesDiscover Related