Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 161 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India: Art. 161 – Code of Criminal Procedure, 1973 – s. 432, 433, 433-A – Power of Governor to grant pardon/remission – Order by the High Court whereby the policies of the State Government to grant remission were decided, inter alia, directing the State to consider the feasibility of drafting a fresh policy particularly in respect of exercise of powers conferred u/Art 161; that such policy may have retrospective operation, provided the same does not lead to discrimination amongst identically situated prisoners; and till such decision is taken, the appropriate Government can exercise its powers u/ss. 432 and 433 in terms of policy dated 13.08.2008, strictly adhering to the restrictions imposed u/s.433A – Sustainability of – Held: Not sustainable – Policies have to be read keeping in view the period of imprisonment undergone by a prisoner – Power of remission is to be exercised by the State Government, as an appropriate Government, if the prisoner has undergone 14 years of actual imprisonment in the cases falling within the scope of Section 433-A and in case the imprisonment is less than 14 years, the power of premature release can be exercised by the Hon’ble Governor though on the aid and advice of the State Government – Furthermore, the policy dated 13.08.2008 is a statutory policy, which cannot and has not tried to take over the discretion vested in the Hon’ble Governor to grant pardons, remissions or commute sentence in exercise of powers conferred u/Art. 161 – Thus, the directions issued by the Single Bench of the High Court are set aside – On facts, the prisoner has completed 12 years and 25 days as on 06.07.2021, release of the prisoner in terms of the policy of the State Government dated 13.8.2008, can be considered only after he completes 14 years of actual imprisonment – However, the State Government can consider the prisoner for premature release after undergoing imprisonment for less than 14 years only u/Art.161.Constitution of India: Art. 161 – Power of Governor to grant pardon/remission – Scope of – Held: Power u/Art. 161 can be exercised by the State Governments, not by the Governor on his own – Advice of the appropriate Government binds the Head of the State – Policies of the State Government are composite policies encompassing both situations u/Art. 161 and ss. 432, 433 and 433-A – Remission u/Art. 161 will override s. 433-A of the Code, if the State Government decides to be governed of its constitutional power. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 377 |
Petitioner | The State Of Haryana & Ors |
Respondent | Raj Kumar @ Bittu |
SCR | [2021] 8 S.C.R. 320 |
Judgement Date | 2021-08-03 |
Case Number | 721 |
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