Case Note & Summary
The petitioner, B. Janardhan, a life convict not involved in murder, filed a criminal writ petition challenging the denial of remission and the order dated 5th June 2000 passed by the Home Department, Mantralaya, Mumbai under Section 432(4) of the Code of Criminal Procedure, 1973. The order remitted only the portion of life sentence in excess of 30 years. The petitioner argued that his case was governed by the guidelines dated 16th November 1978, specifically Clause 8, which provides that for life convicts not involved in murder, the total period of imprisonment including remission shall be 24 years. The respondents did not dispute the applicability of the guidelines. The court considered the sole issue of whether the remission should be over and above 30 years or 24 years. The court found that the respondents were bound by the guidelines and that the order dated 5th June 2000 was contrary to Clause 8. Consequently, the court quashed the order to the extent it remitted the sentence over and above 30 years and directed that the remission be applied over and above 24 years. The petition was allowed accordingly.
Headnote
A) Criminal Law - Remission of Sentence - Life Imprisonment - Guidelines dated 16th November 1978 - Clause 8 - Section 432(4) Code of Criminal Procedure, 1973 - The petitioner, a life convict not involved in murder, challenged the order dated 5th June 2000 remitting only the portion of life sentence in excess of 30 years, contending that under Clause 8 of the 1978 guidelines, the total imprisonment including remission should be 24 years. The court held that the respondents were bound by the guidelines and the remission should be over and above 24 years, not 30 years. (Paras 2-3)
Issue of Consideration
Whether the respondents were justified in remitting the portion of the sentence of imprisonment of life over and above thirty years instead of over and above 24 years in terms of the guidelines dated 16th November 1978.
Final Decision
The petition is allowed. The order dated 5th June 2000 is quashed to the extent it remits the sentence over and above 30 years. The respondents are directed to remit the sentence over and above 24 years in accordance with Clause 8 of the guidelines dated 16th November 1978.
Law Points
- Remission of life imprisonment
- Guidelines dated 16th November 1978
- Clause 8
- Section 432(4) CrPC
- Life convicts not involving murder
- Total imprisonment including remission 24 years
Case Details
2005 LawText (BOM) (03) 65
Criminal Writ Petition No. 587 of 2003
R.M.S. Khandeparkar, P.V. Kakade
Shri Madhav Jamdar for the petitioner, Shri B.H. Mehta, APP for the respondents
Mr. B. Janardhan S/o. Chandraiah
The State of Maharashtra, State of Andhra Pradesh, Inspector General of Prisons Hyderabad, The Superintendent Central Prison Cheralapalli
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Nature of Litigation
Criminal writ petition challenging denial of remission and order dated 5th June 2000 remitting life sentence over and above 30 years.
Remedy Sought
Quashing of the order dated 5th June 2000 and direction to apply remission over and above 24 years as per guidelines.
Filing Reason
The petitioner, a life convict not involved in murder, was denied remission as per Clause 8 of the 1978 guidelines which provides for total imprisonment including remission of 24 years.
Previous Decisions
Order dated 5th June 2000 by Home Department, Mantralaya, Mumbai remitting portion of life sentence over and above 30 years.
Issues
Whether the respondents were justified in remitting the portion of life sentence over and above thirty years instead of over and above 24 years under the 1978 guidelines.
Submissions/Arguments
The petitioner argued that his case is governed by Clause 8 of the guidelines dated 16th November 1978, which provides that for life convicts not involved in murder, total imprisonment including remission shall be 24 years.
The respondents did not dispute the applicability of the guidelines.
Ratio Decidendi
The respondents are bound by the guidelines dated 16th November 1978, and Clause 8 thereof mandates that for life convicts not involved in murder, the total period of imprisonment including remission shall be 24 years. Therefore, the remission should be over and above 24 years, not 30 years.
Judgment Excerpts
Though the petition has been filed challenging the denial of remission to the petitioner as well as quashing of the order dated 5th June, 2000 passed by the Home Department, Mantralaya, Mumbai, in exercise of powers under Section 432(4) of the Code of Criminal Procedure, 1973, remitting the portion of the sentence of imprisonment of life which is only in excess of 30 years, the learned Advocate for the petitioner has restricted his challenge only to the order dated 5th June, 2000 without pressing for any other relief.
In terms of clause 8 of the said guidelines, the persons guilty of offences not involving murder, who are sentenced to life imprisonment, their period of total imprisonment including the remission shall be of 24 years.
Procedural History
The petitioner filed Criminal Writ Petition No. 587 of 2003 before the Bombay High Court challenging the order dated 5th June 2000 passed by the Home Department, Mantralaya, Mumbai under Section 432(4) CrPC. The court heard the matter and delivered judgment on 23rd March 2005.
Acts & Sections
- Code of Criminal Procedure, 1973: 432(4)
