THE STATE OF HARYANA & ORS versus RAJ KUMAR @ BITTU

THE STATE OF HARYANA & ORS versus RAJ KUMAR @ BITTU

State policies must be read having regard to the period of imprisonment undergone: where a prisoner convicted of an offence attracting death as a possible punishment has undergone 14 years or more of actual imprisonment the appropriate Government (State) may exercise powers under Sections 432/433 CrPC; where...

Source-derived case information.

Parties
Appellant: State of Haryana & Ors.; Respondent: Raj Kumar @ Bittu
Jurisdiction
India
Judgment Date
03 August 2021
Procedural Posture
Criminal Appeal / Disposed by Supreme Court Judgment
Outcome
Appeals allowed in part; directions of the Single Bench set aside; appeals disposed of
Legal Topics
Power of Governor Under Article 161, Remission and Commutation Under Sections 432, 433 and 433 a Cr PC, Statutory Nature and Applicability of Remission Policies, Effect of Section 433 a on Premature Release, Applicability of Policy in Force at Time of Conviction
Constitutional Law Criminal Procedure Administrative Law Power of Governor Under Article 161 Remission and Commutation Under Sections 432, 433 and 433 a Cr PC Statutory Nature and Applicability of Remission Policies Effect of Section 433 a on Premature Release Applicability of Policy in Force at Time of Conviction

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Parties

State of Haryana & Ors.

Appellant

Raj Kumar @ Bittu

Respondent

Procedural Posture

Criminal Appeal / Disposed by Supreme Court Judgment

Legal Issues

  1. 1 Whether policy dated 13.08.2008 or policy dated 12.04.2002 applies to the prisoner convicted on 25.03.2010
  2. 2 Whether policies of the State are statutory and whether they can override or be overridden by Article 161
  3. 3 Whether remission under Article 161 can override the restriction in Section 433-A CrPC

Ratio Decidendi

State policies must be read having regard to the period of imprisonment undergone: where a prisoner convicted of an offence attracting death as a possible punishment has undergone 14 years or more of actual imprisonment the appropriate Government (State) may exercise powers under Sections 432/433 CrPC; where imprisonment is less than 14 years the Governor may exercise power under Article 161 (acting on aid and advice of the State). The policy dated 13.08.2008 is statutory and supersedes earlier policies for convicts sentenced after its date; the Single Bench directions were set aside and the prisoner can be considered under the 13.08.2008 policy only after completing 14 years unless...

Court Disposition

Appeals allowed in part; directions of the Single Bench set aside; appeals disposed of

Orders

  • Directions issued by the Single Bench of the High Court are set aside
  • The prisoner may be considered for premature release under the State policy dated 13.08.2008 only after completion of 14 years of actual imprisonment