Summary
The Court held that Haryana’s 2008 premature-release policy, in force when the prisoner was convicted, governed his statutory remission claim. The superseded 2002 policy did not acquire superior status merely because it contemplated the Governor’s approval. For life sentences within Section 433A, statutory release required fourteen years of actual imprisonment; the independent constitutional clemency power remained available earlier on the State Government’s advice. The High Court’s contrary policy directions were set aside.
Issues
- Which Haryana premature-release policy applied to a prisoner convicted after the 2008 policy took effect.
- How statutory remission restrictions interacted with clemency under Article 161.
Provisions considered
- Sections 432, 433 and 433A, Code of Criminal Procedure, 1973The policies were statutory; release in cases covered by Section 433A required fourteen years of actual imprisonment under the statutory power. (¶¶ 3, 5, 8, 13, 15, 16, 19, 21, 23)
- Article 161, Constitution of IndiaConstitutional clemency was not curtailed by Section 433A, but the Governor acted on the State Government’s binding aid and advice. (¶¶ 3, 9, 11, 13, 17, 18, 21, 23)
Held
- Post-1974 remission policies were traceable to Section 432, including its power to issue general rules or special orders. Failure to cite the source, or citation of an incorrect source, did not destroy statutory character where lawful power existed. (¶¶ 5, 6, 7, 8, 19)
- The policy prevailing on the date of conviction governed consideration for premature release. The 2008 policy expressly superseded the 2002 policy; the earlier policy did not rank above it merely because it referred cases for the Governor’s approval. (¶¶ 14, 15, 16)
- For prisoners within Section 433A, the State’s statutory remission or commutation power could not secure release before fourteen years of actual imprisonment, without counting earned remission towards that minimum. The restriction did not extend to every life sentence regardless of the offence. (¶¶ 12, 13, 17, 20, 21)
- Article 161 remained independent of the statutory minimum. The Governor’s constitutional power could permit earlier release on the State Government’s aid and advice; it was not a personal discretion of the Governor. General orders must identify their covered group and reflect application of mind. (¶¶ 9, 11, 13, 17, 18, 21)
- The prisoner, convicted in March 2010, was governed by the 2008 policy. With twelve years and twenty-five days served at the recorded custody date, his statutory case could be considered only after fourteen actual years; earlier consideration remained possible under Article 161. The High Court’s directions were set aside. (¶¶ 22, 23, 24)
Result
Appeals disposed of; High Court directions set aside. Statutory consideration under the 2008 policy awaits fourteen years of actual imprisonment; earlier constitutional clemency consideration remains available.