The Supreme Court has ruled that Sessions Courts cannot restrict statutory powers of remission or commutation in life imprisonment cases. Clarifying sentencing law, the Court affirmed prisoners’ entitlement to remission and set-off under Section 428 CrPC.
The Supreme Court affirms that convicts sentenced to life in minor gangrape cases have the right to seek remission, recognizing it as both a constitutional and statutory legal remedy.
New Delhi: Today, 3rd March, The Supreme Court directed the Delhi government to decide within two weeks on granting remission to Sukhdev Yadav, also known as Pehalwan. He is currently serving a 20-year jail term without remission in the 2002 Nitish Katara murder case.
Today, On 25th February, The Enforcement Directorate (ED) opposed the bail plea of Christian Michel in the Delhi High Court, arguing that he posed a flight risk. However, Michel’s lawyer, Advocate Aljo Joseph, countered this claim, stating that his passport had already expired. The case revolves around concerns of potential escape and legal restrictions on his movement.
Vikas Yadav, serving life for the 2002 murder of Nitish Katara, seeks a three-week furlough from the Delhi High Court. His plea cites 22 years of custody, a clean record, and deprivation of social ties. Previous furlough requests were denied due to reported misconduct during imprisonment, challenging his rehabilitation claims.
The Supreme Court criticized a petitioner for suppressing crucial information in her remission plea. The court highlighted the need for transparency, noting that the petitioner failed to disclose an order from the Delhi High Court. Stringent action, potentially under the Contempt of Courts Act, may be pursued for this conduct.
The Supreme Court of India annulled a condition imposed by the Gujarat Government that required a murder convict to “behave decently” for two years as a prerequisite for remission. The Court deemed the condition arbitrary and vague, violating constitutional rights, while upholding a second condition related to criminal conduct but emphasizing adherence to natural justice in revocation processes.
Today, On 10th September, The Supreme Court directed States and Union Territories to promptly inform convicts of remission decisions and their right to appeal. It urged the National Legal Services Authority to provide prompt legal assistance for challenging rejection orders. The Court emphasized efficient case disposal, granting bail, and relaxing bail conditions for undertrial prisoners.
The Supreme Court Today (Sept 6) asked whether there was any rule preventing Chief Minister Arvind Kejriwal from dealing with files for the remission (early release) of prisoners while he remains in jail in the Delhi excise policy case.
The Supreme Court today dismissed interim bail pleas by two Bilkis Bano case convicts, rejecting their request for relief and questioning the maintainability of their plea. The court emphasized the nullification of the Gujarat government’s remission and highlighted the convicts’ fraud and misrepresentation. Review petitions by the government and convicts are pending.
