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SANJAY K. AGRAWAL
Suraj Gupta S/o Shri Sankata Prasad Gupta – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
“Convicts are not, by mere reason of the conviction, denuded of all the fundamental rights which they otherwise possess. A compulsion under the authority of law, following upon a conviction, to live in a prison house entails by its own force the deprivation of fundamental freedoms like the right to move freely throughout the territory of India or the right to “practise” a profession. A man of profession would thus stand stripped of his right to hold consultations while serving out his sentence. But the Constitution guarantees other freedoms like the right to acquire, hold and dispose of property for the exercise of which incarceration can be no impediment, likewise, even a convict is entitled to the precious right guaranteed by Article 21 of the Constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law.”
1. The abovestated statement of law rendered by their Lordships of the Supreme Court in the matter of D. Bhuwan Mohan Patnaik v. State of Andhra Pradesh, (1975) 3 SCC 185 aptly applies to the facts of the present case as petitioner/prisoner complains about violation of his fundamental right guaranteed under Art
Prisoners retain fundamental rights, including due process before imposing penalties such as forfeiture of earned remission.
The right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
(1) Remission in life sentence – Convict cannot seek remission as a matter of right – However, he has right to say that his case for grant of remission ought to be considered in accordance with law.(....
The main legal point established in this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
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