Case Note & Summary
The petitioner, Arun Gulab Gawli, a convict under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), filed a writ petition seeking premature release under the remission policy dated 10th January 2006, which was in force on the date of his conviction (31.08.2012). He had served 14 years of actual imprisonment, was over 65 years of age, and was certified as weak by the Medical Board, fulfilling the conditions of the 2006 policy. The State respondents rejected his application, relying on the subsequent remission policy dated 20th October 2010, which expressly excludes convicts under the MCOC Act from premature release. The petitioner argued that the policy applicable on the date of conviction should govern his case. The court, however, held that the remission policy applicable for premature release is the one in force on the date of consideration of the application, not the date of conviction. The 2006 policy stood superseded by the 2010 policy, which specifically excludes MCOC convicts. The court further held that a convict has no vested right to claim remission under a particular policy, and the State is empowered to modify policies. Consequently, the petition was dismissed, and the rule was discharged.
Headnote
A) Criminal Law - Remission Policy - Applicability - Date of Consideration vs. Date of Conviction - The court held that the remission policy applicable for premature release is the one in force on the date of consideration of the application, not the date of conviction. The 2006 policy was superseded by the 2010 policy which expressly excludes convicts under the MCOC Act. (Paras 5-8) B) Criminal Law - Maharashtra Control of Organized Crime Act, 1999 - Remission - Exclusion - The 2010 remission policy specifically excludes convicts under the MCOC Act from premature release. The petitioner, being a MCOC convict, is not entitled to the benefit of the 2006 policy as it stood superseded. (Paras 7-8) C) Prisons Act, 1894 - Section 59 - Remission Policy - Vested Right - The court held that a convict has no vested right to claim remission under a particular policy. The State is empowered to modify policies, and the policy in force at the time of consideration governs. (Para 8)
Issue of Consideration
Whether a convict under the Maharashtra Control of Organized Crime Act, 1999 is entitled to premature release under the remission policy dated 10.01.2006 prevailing on the date of his conviction, or whether the subsequent policy dated 20.10.2010 which excludes MCOC convicts applies.
Final Decision
The court dismissed the petition, holding that the remission policy applicable is the one in force on the date of consideration, i.e., the 2010 policy, which excludes MCOC convicts. The rule was discharged.
Law Points
- Remission policy applicable on date of consideration
- not date of conviction
- MCOC Act convicts excluded from remission under 2010 policy
- Section 59 Prisons Act
- 1894 empowers State to frame remission policies
- Policy of 2006 superseded by 2010 policy
- No vested right to remission.
