CHHATTISGARH HIGH COURT
Sanjay Kumar Agrawal, J.
Suraj Gupta v. State of Chhattisgarh and Others
| Table of Content |
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| 1. prisoners retain constitutional rights unless lawfully limited. (Para 1 , 11) |
| 2. forfeiture of remission requires a fair hearing and due process. (Para 2 , 3 , 10) |
| 3. the absence of due process invalidates the forfeiture of earned remission. (Para 5 , 12 , 13) |
| 4. the court emphasizes a sympathetic approach in administering punishments. (Para 14 , 15) |
1. Convicts are not, by mere reason of the conviction, denuded of all fundamental rights which they otherwise possess. A compulsion under the authority of law, following upon a conviction, to live in a prison house entails by its own force the deprivation of fundamental freedoms like the right to move freely throughout the territory of India or the right to "practise" a profession. A man of profession would thus stand stripped of his right to hold consultations while serving out his sentence. But the Constitution guarantees other freedoms like the right to acquire, hold and dispose of property for the exercise of which incarceration can be no impediment, likewise, even a convict is entitled to the precious right guaranteed by Art.21 of the Constitution that he shall not be deprived of his life or personal liberty except
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