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ORISSA HIGH COURT, CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Nilu @ Tarkeswar Kumar Choudhury, S/o. Sidheswar Prasad Choudhury – Appellant
Versus
State of Odisha, Represented through Secretary to Government in Home Department – Respondent
| Table of Content |
|---|
| 1. petitioner's conviction and challenge to denial of premature release. (Para 1 , 2) |
| 2. arguments about policies guiding premature release. (Para 3 , 4 , 5) |
| 3. overview of policies regarding premature release in odisha. (Para 6 , 7 , 8 , 9) |
| 4. clarification on consideration of policies for premature release. (Para 10 , 11 , 12) |
| 5. court's directive for reconsideration of petitioner's application. (Para 13 , 14) |
JUDGMENT :
Undeniably, the petitioner was convicted for committing a heinous crime, i.e., dacoity coupled with the murder and was sentenced for life. As on date, he has undergone 25 years of incarceration and has approached the Court challenging the decision of the State Sentence Review Board where the application for premature release was rejected.
3. According to the counsel for the petitioner, the law in this regard is somewhat settled that the policy which was prevalent at the time of conviction shall be the guiding factor in considering an application for premature release. It is further submitted that there is no absolute bar in taking into consideration the subsequent policy provided such policy is more liberal and enure to the benefit of the convict. To but
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 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 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....
The court mandated fair application of premature release policies for convicts, emphasizing that arbitrary denials infringe upon fundamental rights and must be reasoned.
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