Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Information Act, 2005 (22 of 2005) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Issue for consideration: Whether the writ petition fi led by the petitioner seeking appropriate direction to the State Government, to prematurely release him, having been in custody-actual imprisonment for over 26 years, and served a sentence of over 35 years including over 8 years of remission earned, for off ence punishable u/ss. 302 and 392 IPC, should be allowed.Premature release – Convict served over 26 years in actual imprisonment and served 35 years of sentence including 8 years of remission earned for off ences punishable u/ss. 302 and 392 – Case rejected for premature release thrice by the State Government – Writ petition seeking direction to the State Government to prematurely release him: Held: Infl exible guidelines can result in the real danger of overlooking the reformative potential of each individual convict – Grouping types of convicts, based on the off ences they were found to have committed, as a starting point, may be justifi ed, however, prison laws in India read with Arts. 72 and 161 encapsulate a strong underlying reformative purpose – Insistence of guidelines, and denial to consider the real impact of prison good behavior, and other relevant factors results in violation of Art. 14 – Excluding the relief of premature release to prisoners who have served extremely long periods of incarceration, not only crushes their spirit, and instils despair, but signifi es society’s resolve to be harsh and unforgiving – Idea of rewarding, a prisoner for good conduct is entirely negated – r. 376 of the 2014 Rules prescribes that prisoners shall be granted remission for keeping peace and good behaviour in jail – Redirecting the petitioner who has already undergone over 26 years of incarceration and over 35 years of punishment with remission, to undergo, again, consideration before the Advisory Board, and thereafter, State Government for premature release, would be cruel – Petitioner has earned over 8 years of remission, thus demonstrates good conduct in jail – Discussions of the Jail Advisory Board are also positive and shows that he is a reformed inmate – Thus, in the interest of justice, issuance of direction to release the petitioner – Kerala Prison Rules, 1958 – Kerala Prisons and Correctional Services (Management) Rules, 2014 – rr 462 to 468. [Paras 33-35]Remission – Grant of remission – Scope of:Held: Blanket exclusion of certain off ences, from the scope of grant of remission, by way of an executive policy, is arbitrary and against the ideals of reformation that run through the criminal justice system – Penological goal is of reformation and rehabilitation rather than retribution – Impact of applying such an executive instruction/guideline would be that any progress made by a long-term convict would leave them feeling hopeless, and condemned to an indefi nite period of incarceration. [Para 28]Remission – Remission policy – Application of: Held: Remission policy prevailing on the date of conviction, is to be applied in a given case, and if a more liberal policy exists on the day of consideration, then the latter would apply. [Para 19]Administrative law – Discretion conferred widely by plenary statute or statutory rules: Held: Cannot be lightly fettered. [Para 29] |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 843 |
Petitioner | Joseph |
Respondent | The State Of Kerala & Ors. |
SCR | [2023] 12 S.C.R. 505 |
Judgement Date | 2023-09-21 |
Case Number | 520 |
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