VidhiSangh

Supreme Court of India · 25/08/2023

RAJO @ RAJWA @ RAJENDRA MANDAL versus THE STATE OF BIHAR & ORS.

[2023] 11 S.C.R. 484 · 2023 INSC 771

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Summary

The Court ordered fresh consideration of a long-serving life convict’s remission application because the Board mechanically privileged adverse judicial opinions focused on the original crime and applied an exclusion absent from the policy governing his conviction. The decision required a holistic assessment of reformation and current circumstances. It directed a fresh reasoned judicial opinion and early Board reconsideration, without ordering immediate release.

Issues

  1. What weight should be given to the presiding judge’s opinion compared with other remission reports.
  2. Which remission policy applied where a later policy introduced an exclusion.
  3. What current rehabilitative factors should inform fresh consideration.

Provisions considered

Held

Result

Writ petition allowed for fresh consideration. Presiding judge to provide an adequately reasoned opinion within one month; Remission Board to reassess all relevant material and endeavour to decide preferably within three months. Judgment to be sent to Bihar’s Home Secretary and concerned judge. No immediate release directed.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 484.