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SURESH KUMAR KAIT, VIVEK JAIN
Anil @ Pappu Porikar – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Kait, C.J. -- 1. Writ Appeal No.1996/2024 has been filed by the appellant/writ appellant/ petitioner namely Anil @ Pappu Porikar being aggrieved by the order dated 30.5.2024 passed by the learned Single Judge dismissing the writ petition i.e. W.P.No.30228/2023 filed by the petitioner, wherein the challenge was made to the order of the respondent-authorities ies declining to grant remission to the petitioner on the basis of remission policy dated 22.9.2022.
2. Writ Appeal No.100/2024 has been filed by the State being aggrieved by the order dated 2.11.2023 passed by the learned Single Judge allowing the writ petition i.e. W.P.No.21655/2023 whereby the matter has been remitted to the authority to reconsider the petitioner's case afresh in light of the order order/remission policy dated 10.1.2012 formulated by the State within a period of 30 days from the date of receipt of the order.
3. As the issue regarding grant or refusal of remission involves in both the appeals, the same are being disposed of by this common order.
4. The facts leading to petitioner Anil @ Pappu Porikar Porikar are that he was convicted for offence under section 302/34 of IPC and sentenced to life imprisonme
(1) Right to file petition under Article 32 of Constitution is also a Fundamental Right.(2) Remission in sentence – Power to grant remission on an application filed by convict or on his behalf, is ul....
Life convict/Death penalty - Grant of remission to be followed as per directions of the Court by Division Bench dated 14.09.2020 in W.P. (PIL) No. 164 of 2020
(1) Power under Article 161 of Constitution can be exercised by State Governments, not by Governor on his own. Advice of appropriate Government binds Head of State.(2) Policy prevalent at the time of....
Point of law : Life convict - Remission policy as on the date of conviction of accused, educational qualifications, more particularly higher qualifications acquired by the life-convicts while serving....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
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....
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
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