ASHOK KUMAR ALIAS GOLU versus UNION OF INDIA AND ORS.

ASHOK KUMAR ALIAS GOLU versus UNION OF INDIA AND ORS.

Section 433A of the Code of Criminal Procedure is constitutionally valid and is not a colourable piece of legislation. Its plain language restricts the exercise of statutory powers of remitting or commuting sentences under Sections 432 and 433 with respect to persons convicted of an offence for which death is one of the punishments unless such persons have served at least 14 years of imprisonment. However, this statutory bar does not restrict the constitutional powers of clemency under Articles 72 and 161 of the Constitution of India, which override such statutory limitations. The expression 'life imprisonment' where not commuted or remitted, signifies imprisonment for the entire span of...

Parties
Petitioner: Ashok Kumar alias Golu; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 July 1991
Procedural Posture
Writ (criminal) Petition Under Article 32 of the Constitution of India / Final Decision by Supreme Court
Outcome
Writ Petition dismissed
Legal Topics
Legislative Competence, Colourable Legislation, Remission and Commutation of Sentences, Scope of Life Imprisonment, Statutory V. Constitutional Clemency Powers, Interpretation of Section 433 a Cr PC, Remission Rules
Constitutional Law Criminal Law Legislative Competence Colourable Legislation Remission and Commutation of Sentences Scope of Life Imprisonment Statutory V. Constitutional Clemency Powers Interpretation of Section 433 a Cr PC +1 more

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Parties

Ashok Kumar alias Golu

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ (criminal) Petition Under Article 32 of the Constitution of India / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether Section 433A of the Code of Criminal Procedure, 1973 is unconstitutional as colourable legislation or legislative fraud.
  2. 2 Whether Section 433A CrPC restricts the exercise of constitutional clemency powers under Articles 72 and 161 of the Constitution.
  3. 3 Whether rules for premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 prevail over Section 433A CrPC.

Ratio Decidendi

Section 433A of the Code of Criminal Procedure is constitutionally valid and is not a colourable piece of legislation. Its plain language restricts the exercise of statutory powers of remitting or commuting sentences under Sections 432 and 433 with respect to persons convicted of an offence for which death is one of the punishments unless such persons have served at least 14 years of imprisonment. However, this statutory bar does not restrict the constitutional powers of clemency under Articles 72 and 161 of the Constitution of India, which override such statutory limitations. The expression 'life imprisonment' where not commuted or remitted, signifies imprisonment for the entire span of...

Court Disposition

Writ Petition dismissed

Orders

  • Rule discharged.
  • No mandamus can issue for premature release since the petitioner has not yet completed 14 years' imprisonment.