Summary
A prisoner with seven concurrent life sentences was entitled to fresh consideration of remission, not immediate judicial release merely because he had served over thirty years. Completed concurrent term sentences and the invalidated Section 27(3) Arms Act conviction could not be reckoned for the present request, so Central Government consultation was unnecessary. Tamil Nadu was directed to decide the representation preferably within four months, without influence from the earlier rejection; remission merits remained open.
Issues
- Which convictions and sentences remained relevant to the remission request.
- Whether Central Government consultation was necessary.
- Whether prolonged custody justified immediate judicial release or fresh executive consideration.
Held
- The Section 27(3) Arms Act conviction could not be reckoned after that provision was declared unconstitutional. Concurrent seven- and five-year term sentences had already been served and likewise did not require remission. (¶¶ 10–13, 19)
- Only the life sentences for three murder counts and four attempted-murder counts remained. They were superimposed concurrent sentences; remission of one did not automatically remit the others, and release required an appropriate order concerning all seven. (¶ 11–15)
- With the relevant Arms Act terms no longer outstanding, the State was the appropriate Government and did not need Central consultation or the Centre’s presence as a party for this request. (¶¶ 13–14, 20)
- Grant or refusal of remission belonged to the competent authority, exercising a power coupled with duty on relevant factors. The Court would not supplant it by ordering release merely on the duration served. (¶ 16–18)
- The fresh representation required merits consideration despite the earlier rejection, given elapsed time and the changed legal basis. The Court expressed no view on entitlement to remission. (¶ 18–20)
Result
Petition disposed of. State competent authority directed to process the 5 February 2018 representation expeditiously, preferably within four months, uninfluenced by the earlier rejection. Central consultation held unnecessary; all remission merits left open. Immediate release not ordered.