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SABYASACHI BHATTACHARYYA
Md. Khalid – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The conflict between the human rights of the individual and the interest of the public at large has rarely been tested more than in the cases of premature release of convicts, particularly those convicted of heinous crimes, in the present case, creating communal tension by engaging in terrorist activities. Conflicting philosophies of penology have been pitted against each other, epitomized in some of the decisions of the Supreme Court.
2. The present challenge is against a refusal of the prayer of premature release made by the petitioner, a convict in the infamous “Bowbazar Bomb Blast Case”, which rocked Calcutta (now Kolkata) when it happened. The petitioner has already spent more than 31 years behind the bars. Previously, several writ petitions have been filed by the writ petitioner upon non-consideration/refusal of such request by the respondent-authorities, culminating in the present writ petition. By the impugned decision, the State Sentence Review Board (SSRB), West Bengal has decided to turn down the said request primarily on the premise that the convict was a very close associate of the notorious “Satta Don”, namely Rashid Khan, who w
The main legal point established in the judgment is the need to consider the reformative aspect of punishment, the potential for rehabilitation, and the reformation of convicts. The judgment emphasiz....
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
The main legal point established in the judgment is the need to consider post-conviction conduct, societal reintegration, and the reformative purpose of imprisonment in premature release decisions, w....
Remission in sentence – Sentencing is a judicial exercise of power – Act thereafter of executing sentence awarded, however, is a purely executive function which includes grant of remission, commutati....
(1) 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 latter would apply.(2) Blanket exclu....
The main legal point established in the judgment is that the decision-making process of the Review Committee in refusing premature release to the petitioner was justified and in accordance with the r....
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