Case Note & Summary
The petitioner, Ravindra Shantaram Sawant, was convicted in TADA Special Case No.31/1994 by the Designated Court for offences under Sections 3(2)(ii), 5, and 6 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA), Section 307 of the Indian Penal Code (IPC), Sections 25(1B)(a) and 27 of the Indian Arms Act, and Section 333 of IPC. He was sentenced to life imprisonment on various counts. On 28.08.2008, the State Government passed an order under Section 432 of the Code of Criminal Procedure, 1973 (CrPC) directing that the petitioner be released after completion of 30 years of imprisonment along with all remissions earned, remitting the portion of life sentence in excess of 30 years. This order was challenged in Criminal Writ Petition No.1356/2008, which was allowed on 21.08.2008, setting aside the order and directing reconsideration. The State Government passed a fresh order on 23.10.2008, which was again challenged in Writ Petition No.2598/2008 and set aside. A third order dated 27.01.2009 was challenged in Criminal Writ Petition No.207/2009, which was allowed on 03.08.2009, setting aside the order and directing fresh consideration. The petitioner then filed Criminal Writ Petition No.2333/2009, which was disposed of on 08.09.2009 on the assurance of the Public Prosecutor that the case would be decided within two weeks. As no fresh order was passed, the petitioner filed Criminal Writ Petition No.251/2010, which became infructuous when the impugned order dated 08.02.2010 was passed. The present petition challenges this order. The court examined the validity of the order and held that life imprisonment means imprisonment for the remainder of the convict's natural life, and remission under Section 432 CrPC cannot be conditioned on a fixed term of 30 years. The court quashed the impugned order and directed the State Government to reconsider the matter afresh in accordance with law, without imposing any fixed cap of 30 years.
Headnote
A) Criminal Law - Remission - Section 432 CrPC - Life Imprisonment - The State Government's order directing release of a life convict after 30 years of imprisonment, including remissions, was challenged. The court held that life imprisonment means imprisonment for the remainder of the convict's natural life, and remission under Section 432 cannot be conditioned on a fixed term of 30 years. The order was quashed and the matter remanded for fresh consideration. (Paras 1-10) B) TADA - Sentencing - Sections 3(2)(ii), 5, 6 of TADA - Life Imprisonment - The petitioner was convicted under TADA and sentenced to life imprisonment on multiple counts. The court noted that life imprisonment under TADA is for the whole life, and remission cannot be granted as a matter of right. (Paras 2-3) C) Criminal Procedure - Remission Policy - Section 432 CrPC - The court reiterated that the power of remission under Section 432 CrPC must be exercised in accordance with law and cannot be arbitrary. The State Government must consider each case on its merits without imposing a fixed cap of 30 years. (Paras 4-10)
Issue of Consideration
Whether the State Government's order directing release of a life convict after 30 years of imprisonment, with remission, is valid under Section 432 of the Code of Criminal Procedure, 1973.
Final Decision
The impugned order dated 08.02.2010 is quashed and set aside. The State Government is directed to reconsider the matter afresh in accordance with law, without imposing any fixed cap of 30 years, and pass a reasoned order within a period of eight weeks from the date of the judgment.
Law Points
- Remission under Section 432 CrPC
- Life imprisonment meaning
- TADA sentencing
- Remission policy
- Judicial review of remission orders
