Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Telangana) 75

IN THE HIGH COURT FOR THE STATE OF TELANGANA
K. Lakshman, J.
D. Krishna Kumar - Petitioner
Versus
State of Telangana & Ors. - Respondent
Writ Petition Nos. 20421, 20425 & 20530 OF 2019, 18838, 19525, 20259, 21397, 21478, 21484, 21948, 21967 & 24490 OF 2020 AND 1463 OF 2021
Decided On : 01-06-2021

Advocates appeared:
Petitioner Advocate: PUSHPINDER KAUR
Respondent Advocate: GP FOR HOME TG

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 out the imprisonment, triple factors stated above, conduct of the life-convicts and other aspects stated above. Respondent No.1 shall also keep in mind while considering the applications of the life- convicts the aim and object of remission and remission policy.

Headnote:
Constitution of India, 1950 – Articles 142, 72, 161 – Indian Penal Code, 1860 – Sections 302, 45, 55, 57 – Code of Criminal Procedure, 1973 – Sections 432, 433, 435 – Grant of remission – Petitioners are kith and kin/close relatives of the Lifers, who are languishing in different jails – Their grievance is that they are entitled for remission in accordance with Remission Policy and respondents’ authorities are not extending said benefit for lifers in this batch of writ petition.
Finding of the Court : State Authority is under an obligation to at least exercise its discretion in relation to an honest expectation perceived by the convict, at the time of his conviction that his case for pre-mature release would be considered after serving sentence, prescribed in the short sentencing policy existing on that date – State has to exercise its power of remission also keeping in view any such benefit to be construed liberally in favour of a convict which may depend upon case to case and for that purpose – Right accrued to eligible convicts to be considered for premature release cannot be nibbled without objectively examining their case. – Petitioners failed to establish any ground to set aside G.O.Ms.No.30 – However, considering submissions made by petitioners, it can be directed to reconsider request of life-convicts –
Result : Writ Petition Disposed of

ORDER:

Heard Ms. Pushpinder Kaur and Mr. P. Shashi Kiran, learned counsel appearing for the respective petitioners in this batch of writ petitions, and the learned Government Pleader for Home appearing on behalf of the respondents.

1. CHALLENGE:

Kith and Kin/Close relatives of Lifers filed all these present Writ Petitions for grant of remission, comply with the orders passed by this Court in earlier writ petition, a direction to the respondents’ authorities to recommend the names of lifers for grant of special remission in terms of remission policy.

2. INTRODUCTION:

(i) Lis involved in this batch of writ petitions is almost same, contentions of petitioners and respondents are also common and, therefore, this batch of writ petitions is heard together and disposed of by way of this common order.

(ii) The petitioners are kith and kin/close relatives of the Lifers, who are languishing in different jails. Their grievance is that they are entitled for remission in accordance with the Remission Policy and the respondents’ authorities are not extending the said benefit for the lifers in this batch of writ petition. Therefore, the present writ petitions with different reliefs as sought therein.

3. RELEVANT PROVISIONS/ARTICLES OF THE INDIAN PENAL CODE, 1860 (IPC) THE CODE OF CRIMINAL PROCEDURE, 1973 (Cr.P.C.), AND THE CONSTITUTION OF INDIA:

(i) To decide the lis in this batch of writ petitions, the following provisions of the Cr.P.C., IPC and the Constitution of India are relevant which are as under:

INDIAN PENAL CODE:

“45. “Life”.—The word “life” denotes the life of a human being, unless the contrary appears from the context.”

“55. Commutation of sentence of imprisonment for life.—In every case in which sentence of imprisonment for life shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.”

“57. Fractions of terms of punishment.—In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.”

CODE OF CRIMINAL PROCEDURE:

“432. Power to suspend or remit sentences.

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without Conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the. presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, In the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by