VidhiSangh

Supreme Court of India · 25/04/2019

RAJAN versus THE HOME SECRETARY, HOME DEPARTMENT OF TAMIL NADU AND ORS.

[2019] 6 S.C.R. 1035 · 2019 INSC 574

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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

  1. Which convictions and sentences remained relevant to the remission request.
  2. Whether Central Government consultation was necessary.
  3. Whether prolonged custody justified immediate judicial release or fresh executive consideration.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 1035.