VidhiSangh

Supreme Court of India · 03/08/2021

THE STATE OF HARYANA & ORS versus RAJ KUMAR @ BITTU

[2021] 8 S.C.R. 320 · 2021 INSC 377

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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 The superseded 2002 policy did not acquire superior status merely because it contemplated the Governor’s approval.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

  1. Which Haryana premature-release policy applied to a prisoner convicted after the 2008 policy took effect.
  2. How statutory remission restrictions interacted with clemency under Article 161.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 320.