Back
ORISSA HIGH COURT, CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Nadu Pangi, Son of Late Timuru Pangi – Appellant
Versus
State of Odisha, Represented through its Secretary Home Department – Respondent
| Table of Content |
|---|
| 1. petitioner's background and conviction details (Para 1 , 2) |
| 2. arguments for reconsideration of premature release (Para 4 , 5) |
| 3. court's analysis of past recommendations and ssrb procedures (Para 6) |
| 4. legal framework for premature release under bnss, 2023 (Para 7) |
| 5. guidelines and judicial perspective on premature release policies (Para 8) |
| 6. reconsideration directive for ssrb (Para 9) |
| 7. final order disposed (Para 10) |
JUDGMENT :
Beseeching premature release after having served twenty years of sentence in terms of Judgment dated 15.12.2005 of the learned Ad hoc Additional District and Sessions Judge, Fast Track Court, Malkangiri in Criminal Trial No.5 of 2005, as confirmed by Judgment dated 25.04.2015 of this Court in JCRLA No.37 of 2006, the petitioner-convict has approached this Court by way of filing this writ petition under the provisions of Articles 226 and 227 of the Constitution of India, with the following prayer(s):
“The petitioner therefore prays that this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the opposite parties to show cause as to why a writ of habeas corpus or any other appropriate writ/writs shall not be issued thereby t
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
The policy in effect at the time of conviction must be the primary consideration for determining premature release, unless a more liberal policy is subsequently adopted.
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The exercise of executive power of clemency is a duty vested in the Authority for the welfare of the people, and the case of premature release of a life convict is governed by the policy/guidelines o....
(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 court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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
