AI Overview...
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Conviction and Remission as a Matter of Right - A convict, including a life prisoner, does not have an absolute or indefeasible right to claim remission or premature release; such benefits are subject to policy decisions and discretionary exercise by authorities Bijaya Kumar Padhy @ Biji Padhy VS Chairman, State Sentence Review Board, Orissa, Bhubaneswar - Orissa, State of Haryana VS Mahender Singh - Crimes, State of Haryana VS Mahender Singh - Supreme Court, R. Ragupathy, a Panel Advocate, Madras District Committee for Legal Aid and Advise, 3, Law Chambers, High Court, Madras VS State of Tamil Nadu, represented by the Secretary to Government, Home Department, Fort St. George, Madras 9 - Madras, Suo Motu Proceedings VS State of Kerala. - Kerala.
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Policy and Discretionary Nature of Remission - Remission schemes are based on policy decisions aimed at motivating better conduct and are not rights enforceable as a matter of legal entitlement; the exercise of remission is discretionary and must be fair and reasonable Satyavrat Rai VS State of U. P. - Allahabad, Santosh @ Sonu Balram Jadhav VS State of Maharashtra - Bombay.
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No Automatic Right for Life Convicts - Courts have consistently held that life convicts cannot claim remission or premature release as a matter of right; such decisions depend on the government’s consideration and application of policies, and not on legal entitlement R. Ragupathy, a Panel Advocate, Madras District Committee for Legal Aid and Advise, 3, Law Chambers, High Court, Madras VS State of Tamil Nadu, represented by the Secretary to Government, Home Department, Fort St. George, Madras 9 - Madras, Suo Motu Proceedings VS State of Kerala. - Kerala.
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Judicial Perspective on Rights and Fairness - While convicts have fundamental rights under natural justice to be heard in remission proceedings, this does not translate into an automatic entitlement; decisions are to be made based on policy, individual circumstances, and fair exercise of discretion Dhanasekari VS Union Territory of Puducherry, Represented By Its Secretary, Office of The Lieutenant Governor, Pondicherry - Madras, Satyavrat Rai VS State of U. P. - Allahabad.
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Summary and Conclusion - The prevailing legal view is that remission and premature release are privileges granted at the discretion of the state, governed by policies rather than a constitutional or legal right. Convicts, including life prisoners, cannot claim these benefits as a matter of right but may only seek consideration within the framework of applicable policies and guidelines Pundalik G. Gole VS State of Maharashtra - Bombay, Bijaya Kumar Padhy @ Biji Padhy VS Chairman, State Sentence Review Board, Orissa, Bhubaneswar - Orissa, State of Haryana VS Mahender Singh - Crimes.
References: - Bijaya Kumar Padhy @ Biji Padhy VS Chairman, State Sentence Review Board, Orissa, Bhubaneswar - Orissa - State of Haryana VS Mahender Singh - Crimes - State of Haryana VS Mahender Singh - Supreme Court - R. Ragupathy, a Panel Advocate, Madras District Committee for Legal Aid and Advise, 3, Law Chambers, High Court, Madras VS State of Tamil Nadu, represented by the Secretary to Government, Home Department, Fort St. George, Madras 9 - Madras - Suo Motu Proceedings VS State of Kerala. - Kerala - Dhanasekari VS Union Territory of Puducherry, Represented By Its Secretary, Office of The Lieutenant Governor, Pondicherry - Madras - Satyavrat Rai VS State of U. P. - Allahabad - Santosh @ Sonu Balram Jadhav VS State of Maharashtra - Bombay - Pundalik G. Gole VS State of Maharashtra - Bombay
Search Results for "A Convict Cannot Claim the Benefit of Remission as a Matter of Right Relevamnt Judgement"
2018 0 Supreme(Bom) 1547 • India - Bombay
V.K.TAHILRAMANI, M.S.SONAK
In view of the Notification, any application for furlough or parole after the notification by a bomb blast convict cannot be granted ... Hence, it cannot be said that the decision could have been relied upon to hold that even if the application of the prisoner for parole ... main point in the case was that his application for parole was much prior to the Notification hence, fact that he was a bomb blast convict ... The prisoners, whose conviction is for such offences, which affect larger public interest and public good s....
2016 0 Supreme(Ori) 1141 • India - Orissa
VINOD PRASAD, BISWANATH RATH
REMISSION - Punishment awarded through a judgment is not over-ruled but the convicts gets the benefit of a liberalised policy of ... stage pardon and such right of a convict cannot be thwarted on the whims and unfounded apprehensions without any tangible material ... undergoing life imprisonment has a right to clear remission ? ... Law as laid down is that the punishment awarded through a judgment is not overruled ....
2020 0 Supreme(Mad) 1869 • India - Madras
A.P.SAHI, SENTHILKUMAR RAMAMOORTHY
Fact of the Case: The appellants claimed the right of personal hearing in a matter of remission by convicts from the ... of natural justice and the entitlement of the appellants to be heard in the matter of remission by convicts from the State under ... Issues: The issues involved were the entitlement of the appellants to be heard in the matter of remission by convicts, the ... that of elimination in case the #H....
• India - Crimes
S.B.SINHA, HARJIT SINGH BEDI
’ in terms whereof a ‘life convict’ was entitled to have his case considered within the parameters laid down therein, the same cannot ... has a fundamental right of remission or shortening of sentences – Remission schemes however offer healthy motivation for better ... can be said to have any constitutional right for obtaining remission in his sentence, he in view of the policy decision itself must ... Such a policy decision having been formulated for the be....
2007 8 Supreme 89 • India - Supreme Court
S.B.SINHA, HARJIT SINGH BEDI
’ in terms whereof a ‘life convict’ was entitled to have his case considered within the parameters laid down therein, the same cannot ... has a fundamental right of remission or shortening of sentences – Remission schemes however offer healthy motivation for better ... can be said to have any constitutional right for obtaining remission in his sentence, he in view of the policy decision itself must ... Such a policy decision having been formulated for the be....
2020 0 Supreme(Mad) 2276 • India - Madras
AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
it is for this reason that pre-mature release request of these convicts was being resisted by appellants - Held, As a matter of ... remission, and also apprehend threat to their lives in event remission is granted to them - This led to their filing representations ... fundamental right, claim absolute liberty in as much as he is suffering incarceration under valid law - But if otherwise contingencies ... that of elimination in case the convicts are extended the #HL_ST....
2021 0 Supreme(All) 279 • India - Allahabad
PANKAJ NAQVI, VIVEK AGARWAL
– Court further wish to add what has been said judgment, would not and cannot mean that premature release. ... such discretion must be exercised in a fair and reasonable manner - Once State in its wisdom has framed a policy to confer the benefit ... of premature release to either a class of convicts or an individual convict - Cases do not fall within the prescribed prohibited ... The right to apply and invoke the powers under these provisions does not mean that he can claim#H....
2013 0 Supreme(Bom) 2356 • India - Bombay
S.C.DHARMADHIKARI, G.S.PATEL
Criminal Procedure Code, 1973 - Sections 432, 433 and 433-A - Premature release of convict. - Petitioner convicted under Section ... 302, IPC and sentenced to suffer life imprisonment, cannot be released until he completes 26 years of imprisonment in terms of guidelines ... He cannot claim that he should be released prematurely and as of right. Certainly, he can claim benefit of the policy of remission. That policy ought to be applied uniformly. .......
1983 0 Supreme(Mad) 523 • India - Madras
S.NATARAJAN, S.RATNAVEL PANDIAN
Therefore, the Advocate General submitted that no life convict is entitled as a matter of right, to claim remission or premature release. ... Lifers cannot claim release as of right. ... it for either granting remission or for refusing to do so, and that no convict is entitled as of right, to claim remission. ... order, cannot legally #HL_START....
2002 0 Supreme(Ker) 314 • India - Kerala
J.B.KOSHY, K.PADMANABHAN NAIR
application of mind while passing orders under Art. 161 of the Constitution of India – There should not be any discrimination in the matter ... such guidelines are prescribed, life convicts cannot have an automatic right of release unless Government consider their case separately. ... Even the provisions in the Jail Manual or in the Rules equating with a period of 20 years does not confer any indefeasible right on a person to be unconditionally released on the expiry of such particular term and such rul....
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