Gravity of a crime must not dictate decision on premature release of a convict: Supreme Court
The Supreme Court ruled that the heinousness of a crime should not solely dictate decisions on granting premature release to convicts. The court emphasized that remission is a distinct Executive function and should consider the prisoner's conduct and prospects for reintegration into society. This judgment was made while quashing a government decision regarding a convict in the 2003 Madhumita murder case.
- ▪The Supreme Court stated that the nature of the offence cannot be the sole ground for refusing remission.
- ▪Justice Nagarathna emphasized that denying remission based solely on the crime's heinousness would reaffirm guilt retrospectively.
- ▪The court highlighted the need for a holistic assessment of the prisoner when considering remission.
Opening excerpt (first ~120 words) tap to expand
The Supreme Court has said in a judgment that granting premature release to a convict is a “distinct Executive function”, adding that the heinousness of the crime must not dictate the decision on remission.The court said justice did not permit the permanent incarceration of an individual in the shadow of their worst act. The nature of the offence cannot, therefore, be the sole ground for refusing remission. Governments obliged to consider remission of eligible convicts without waiting for application: SC“We wish to make it clear that in a constitutional polity governed by the rule of law, the denial of remission cannot rest solely on the ground of the heinousness of the crime.
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