STATE OF HARYANA versus MAHENDER SINGH AND ORS.

STATE OF HARYANA versus MAHENDER SINGH AND ORS.

Classification by executive instructions for remission is permissible but can only operate prospectively; convicts convicted prior to the instruction cannot be denied consideration under the rules existing at the time of conviction. Executive instructions are advisory and do not have statutory force. Statutory rules...

Source-derived case information.

Parties
Appellant: State of Haryana; Respondents: Mahender Singh and Ors.
Jurisdiction
India
Judgment Date
02 November 2007
Procedural Posture
Criminal Appeal / Appeal From Punjab and Haryana High Court Decision Dated 24.7.2003 in Criminal Misc. No. 30109 M of 2002
Outcome
Appeals dismissed
Legal Topics
Remission of Sentence, Sentencing, Premature Release of Life Convicts, Executive Instructions, Statutory Rules Vs Executive Instructions, Classification Under Article 14
Criminal Law Constitutional Law Prison Law Remission of Sentence Sentencing Premature Release of Life Convicts Executive Instructions Statutory Rules Vs Executive Instructions +1 more

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Summary, issues, holding and outcome

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Parties

State of Haryana

Appellant

Mahender Singh and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Punjab and Haryana High Court Decision Dated 24.7.2003 in Criminal Misc. No. 30109 M of 2002

Legal Issues

  1. 1 Validity of classification of life convicts by executive instructions for premature release
  2. 2 Whether new criteria for remission can be applied retrospectively to convicts convicted prior to the instruction
  3. 3 Whether convicts have a fundamental right to remission

Ratio Decidendi

Classification by executive instructions for remission is permissible but can only operate prospectively; convicts convicted prior to the instruction cannot be denied consideration under the rules existing at the time of conviction. Executive instructions are advisory and do not have statutory force. Statutory rules prevail over executive instructions, and convicts have a legal, but not fundamental, right to be considered for remission.

Court Disposition

Appeals dismissed

Orders

  • Cases of respondents who have not yet been released may be considered by the appropriate authority in light of the present judgment. Respondent Nos. 6 and 11 have already been directed to be released; no further orders required for them. Contempt application is dismissed. No costs.