Case Note & Summary
The petitioner, Santosh Tulsiram Shitole, a convict lodged in Central Prison, Aurangabad, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direction to the State Government for grant of State remission on account of 'Golden Jubilee of Indian Independence', as granted to similarly situated convicts. The petitioner was convicted in Crime No.186/1995 registered on 11th August, 1995. The court heard the matter and, with the consent of parties, disposed of the petition by directing the State to consider the petitioner's case for remission in accordance with the policy applicable at the time of his conviction. The court did not delve into the merits of the remission claim but directed the respondents to pass appropriate orders within a specified period.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Remission of Sentence - Petitioner sought direction for grant of State remission on account of Golden Jubilee of Indian Independence - Court held that the petitioner is entitled to be considered for remission in accordance with the policy applicable at the time of his conviction, and directed the State to consider his case for remission (Paras 1-4).
Issue of Consideration
Whether the petitioner-convict is entitled to State remission on account of 'Golden Jubilee of Indian Independence' as granted to similarly situated convicts.
Final Decision
The petition is disposed of with a direction to the respondents to consider the petitioner's case for grant of remission in accordance with the policy applicable at the time of his conviction and pass appropriate orders within a period of four weeks from the date of receipt of the order.
Law Points
- Remission of sentence
- Golden Jubilee remission
- Article 226 of Constitution of India
- State remission policy
- equal treatment of convicts
Case Details
2017 LawText (BOM) (03) 75
Criminal Writ Petition No.1494 of 2016
S.S. Shinde, K.K. Sonawane
Mr. G.D. Jain for Petitioner, Mr. S.Y. Mahajan, Addl. P.P. for Respondent/State
The State of Maharashtra, The Police Superintendent, Central Prison, Aurangabad
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Nature of Litigation
Criminal Writ Petition seeking direction for grant of State remission on account of Golden Jubilee of Indian Independence.
Remedy Sought
Direction to the State Government to grant State remission on account of 'Golden Jubilee of Indian Independence' as granted to similarly situated convicts.
Filing Reason
The petitioner, a convict, claimed that he was entitled to remission on account of Golden Jubilee of Indian Independence, which was granted to similarly situated convicts.
Issues
Whether the petitioner is entitled to State remission on account of Golden Jubilee of Indian Independence?
Submissions/Arguments
Petitioner argued that he is entitled to remission as granted to similarly situated convicts. State's arguments not detailed in the judgment.
Ratio Decidendi
The court directed the State to consider the petitioner's case for remission in accordance with the policy applicable at the time of his conviction, implying that remission policies should be applied consistently to similarly situated convicts.
Judgment Excerpts
By way of filing this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks direction to the State Government for grant of State remission on account of 'Golden Jubilee of Indian Independence', as granted in favour of similarly situated convicts.
Procedural History
The petitioner filed Criminal Writ Petition No.1494 of 2016 before the High Court of Judicature at Bombay, Bench at Aurangabad. The petition was heard on 20.03.2017 and judgment pronounced on 27.03.2017.
Acts & Sections
- Constitution of India: Article 226
