UNION OF INDIA versus V. SRIHARAN @ MURUGAN & ORS.

UNION OF INDIA versus V. SRIHARAN @ MURUGAN & ORS.

Given divergent interpretations and prior Supreme Court decisions, the issues regarding scope and limits of remission, the meaning of 'imprisonment for life', and determination of appropriate Government under CrPC must be referred for authoritative interpretation to a Constitution Bench under Article 145(3) of the Constitution.

Parties
Petitioner: Union of India; Respondents: V. Sriharan @ Murugan & Ors.
Jurisdiction
India
Judgment Date
25 April 2014
Procedural Posture
Writ Petition (criminal) / Reference to Constitution Bench
Outcome
Matter referred to Constitution Bench
Legal Topics
Remission of Sentence, Power of Executive, Imprisonment for Life, Criminal Procedure Code—sections 432 and 435, Constitution—articles 32, 72, 161, 145(3)
Criminal Law Constitutional Law Remission of Sentence Power of Executive Imprisonment for Life Criminal Procedure Code—sections 432 and 435 Constitution—articles 32, 72, 161, 145(3)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Union of India

Petitioner

V. Sriharan @ Murugan & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Reference to Constitution Bench

Legal Issues

  1. 1 Whether imprisonment for life under Section 53 read with Section 45 of the Indian Penal Code means imprisonment for the rest of the life of the prisoner or whether a convict undergoing life imprisonment has a right to claim remission and whether, as per Swamy Shraddananda, a special category of sentence may be made beyond application of remission
  2. 2 Whether once power of remission under Article 72 or 161 or by this Court under Article 32 is exercised, there is any scope for further consideration for remission by the executive
  3. 3 Determination of the 'appropriate Government' under Section 432(7) CrPC to exercise power of remission and questions related to consultation under Section 435(1) CrPC

Ratio Decidendi

Given divergent interpretations and prior Supreme Court decisions, the issues regarding scope and limits of remission, the meaning of 'imprisonment for life', and determination of appropriate Government under CrPC must be referred for authoritative interpretation to a Constitution Bench under Article 145(3) of the Constitution.

Court Disposition

Matter referred to Constitution Bench

Orders

  • Writ Petition (Crl.) No. 105 of 2008 dismissed as not pressed.
  • Crl. M.P. Nos. 4622, 4623 and 4624 of 2014 dismissed.