VidhiSangh

Supreme Court of India · 22/04/2022

RAM CHANDER versus THE STATE OF CHHATTISGARH & ANR.

[2022] 4 S.C.R. 1103 · 2022 INSC 468

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Summary

A life convict sought premature release after his remission request met an adverse judicial opinion merely referring to the offence. The Court held that remission decisions are reviewable for arbitrariness and that the mandatory judicial consultation must produce adequate reasons addressing the relevant remission factors. It directed a fresh opinion within one month of receipt of its order and a fresh State decision within one month thereafter, without itself granting release.

Issues

  1. Whether executive remission decisions are subject to judicial review.
  2. What weight and reasoning are required of the presiding judge’s opinion under Section 432(2) CrPC.

Provisions considered

Held

Result

Writ petition allowed to the extent of reconsideration. The Special Judge, Durg was directed to provide a fresh reasoned opinion within one month of receiving the order; Chhattisgarh was directed to decide the remission application afresh within one month of receiving that opinion. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 1103.