Back
IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Md. Amjad @ Md. Amzad @ Amjed – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of the case and petition (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural history and rejection of petition (Para 6 , 7 , 8 , 9) |
| 3. petitioner's arguments against the rejection (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. state's opposition to the petition (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. court's analysis on the authority of the chief judge (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 6. evaluation of the chief judge’s opinion (Para 40 , 41 , 42 , 43 , 44 , 45) |
| 7. court's remarks on procedural compliance (Para 46 , 47 , 48 , 49 , 50 , 51) |
| 8. discretion of judicial secretary in recommendations (Para 52 , 53 , 54 , 55) |
| 9. conditions for court intervention in remission cases (Para 56 , 57 , 58 , 59 , 60) |
| 10. lack of evidence for remission application (Para 61 , 62 , 63 , 64 , 65 , 66) |
| 11. court's order for reconsideration (Para 67 , 68 , 69) |
| 12. conclusion on arguments regarding parity (Para 70 , 71 , 72) |
JUDGMENT :
OM NARAYAN RAI, J.
1. This writ petition is at the instance of a life convict. He assails an order dated December 24, 2024 passed by the Principal Secretary, Judicial Department, Government of West Bengal whereby his prayer for premature releas
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
The government's discretion in granting remission is subject to the procedural safeguard of the presiding judge's opinion, which must be reasoned and guide the government's decision.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
