Summary
Three life convicts in a double murder had served about 16 years, or about 21 with remission, and applied for premature release. The Special Judge who had convicted them advised against remission, saying only that it was not appropriate on the facts and circumstances. The Chhattisgarh authorities rejected or kept pending the applications on that basis. Following its decision on a co-accused's petition, the Supreme Court held that the presiding judge's opinion under Section 432(2) CrPC carries real weight, so it must give adequate reasons addressing the Laxman Naskar factors. A bare, mechanical opinion does not comply. The Court directed the Special Judge to give a fresh reasoned opinion, and the State to decide within a month of receiving it.
Issues
- Whether the presiding judge's opinions against remission, which gave no reasons with reference to the factors in Laxman Naskar v. Union of India, satisfied Section 432(2) CrPC, and whether the petitioners' applications for premature release should be reconsidered.
Provisions considered
- Sections 432(2) and 433-A, Code of Criminal Procedure, 1973The presiding judge's opinion must be accompanied by reasons; following Sriharan it guides the Government's decision but is not to be followed mechanically, and an opinion lacking reasons may be sent back for fresh consideration. (¶¶ 3, 4, 6, 7, 8)
- Article 32, Constitution of IndiaThe petition was allowed by directing a fresh reasoned opinion and a fresh decision on remission within a time frame. (¶¶ 1, 8)
Held
- As held in the co-accused Ram Chander's case, the presiding judge's opinion under Section 432(2) is a procedural safeguard with real weight, and it must consider the Laxman Naskar factors: effect on society, likelihood of repetition, potential for future crime, purpose served by continued imprisonment and the family's socio-economic condition. (¶ 6)
- The opinions dated 02.07.2021, 10.08.2021 and 01.10.2021 contained no reasons on those factors, so the petitioners' cases stand on the same footing as the co-accused's and their applications must be reconsidered. (¶¶ 7, 8)
Result
Writ Petition (Crl.) No. 323 of 2022 allowed; the Special Judge, Durg directed to give a fresh reasoned opinion on the petitioners' remission applications considering the Laxman Naskar factors, and the State of Chhattisgarh to decide within one month of receiving it.