Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 — ss. 432 and 433 — Remission under — Respondent was convicted under the provisions of TADA by the Designated Court in the State of Gujarat and sentenced to life imprisonment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — ss. 432 and 433 — Remission under — Respondent was convicted under the provisions of TADA by the Designated Court in the State of Gujarat and sentenced to life imprisonment — Conviction was confirmed by Supreme Court — On the request of the respondent-convict, he was transferred from the jail in Gujarat to the jail in Punjab - Application by the convict for remission of sentence — Rejected by the State of Gujarat — Writ petition challenging the order of refusal — High Court directed the State of Gujarat to reconsider the representation of the convict to release him premature - On appeal, held: The High Court has not found that the order passed by the State was bereft of appropriate consideration of necessary facts or in violation of principles of equality — Therefore, the direction of the High Court to the State to reconsider the case of remission, is not correct ~ However, the appropriate Government for exercising power u/ss. 432 and 433 would not be State of Gujarat, but the Central Government as the sentence was imposed under a law with respect to which the Executive Power of the Union extends — Liberty granted to the convict to submit application for premature release before the competent authority of the Central Government.Parole — Direction by High Court (in exercise of its jurisdiction u/Art. 226) to release life convict on parole — Held: Constitutional court before directing the temporary release, should form an opinion that request has been unjustifiably refused or where inter- est of justice so warrants — However, such jurisdiction should be sparingly exercised — In the present case, an abrupt direction has been issued to release the convict on parole without resorting to legal principles. Judicial Discipline — Judicial restraint — A Judge is expected to act in consonance with the legal principles - He has to remain embedded to constitution and laws - He cannot assume the power on the basis of the individual perception or notion. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 463 |
Petitioner | State Of Gujarat & Anr. |
Respondent | Lal Singh @ Manjit Singh & Ors. |
SCR | [2016] 4 S.C.R. 816 |
Judgement Date | 2016-06-29 |
Case Number | 171 |
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