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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 :
“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 the opposite parties No.1 to 4;
ii) to direct the opposite parties to release the petitioner from jail custody as premature release case being similarly standing with those who have been release prematurely vide order dated 11.04.2025.
AND Pass any other order/orders as this Hon'ble Court may deem fit and proper.
Facts:
2.1. As is stated by the petitioner, having stood trial in C.T. No.51 of 2005 in the aforesaid referred case, after being committed for sessions trial in connection with charge of offence
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.
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....
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