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

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

Life imprisonment under s.53 read with s.45 IPC means imprisonment for the remainder of the convict's natural life; the right to apply for remission/commutation remains available and constitutional powers under Arts.72/161 remain distinct and untouchable but statutory powers under s.432/433 CrPC also remain available and may be exercised even after exercise under Arts.72/161 or judicial exercise under Art.32. The Appropriate Government is determined under s.432(7) by the nature of the sentence/order and whether the Union's executive power extends to the law under which the sentence was imposed; s.432(1) is not suo motu and s.432(2) procedure is mandatory; where s.435(1)(a)-(c) applies...

Parties
Petitioner: Union of India; Respondent: State of Tamil Nadu; Respondent: V. Sriharan @ Murugan
Jurisdiction
India
Judgment Date
02 December 2015
Procedural Posture
Writ Petition (criminal) Under Article 32 / Constitution Bench Reference Answering Referred Questions
Outcome
Reference answered by Constitution Bench; matters to be listed before appropriate Bench for consequential orders
Legal Topics
Remission and Commutation, Life Imprisonment, Death Penalty, Appropriate Government, Consultation V. Concurrence, Articles 72 and 161, Article 73(1)(a) Proviso, Section 432/433/435 Cr PC
Constitutional Law Criminal Law Penal Code Code of Criminal Procedure Administrative Law Executive Power Remission and Commutation Life Imprisonment +6 more

Case Brief

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Parties

Union of India

Petitioner

State of Tamil Nadu

Respondent

V. Sriharan @ Murugan

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Constitution Bench Reference Answering Referred Questions

Legal Issues

  1. 1 Whether life imprisonment under s.53 read with s.45 IPC means imprisonment for the remainder of the convict's natural life and whether such convicts have a right to claim remission
  2. 2 Whether a special category of sentence (between 14 years and death) may be created and put beyond remission as suggested in Swamy Shraddananda (2)
  3. 3 Whether the Appropriate Government may exercise powers under s.432/433 CrPC after parallel exercise by the President under Art.72 or the Governor under Art.161 or by this Court under Art.32

Ratio Decidendi

Life imprisonment under s.53 read with s.45 IPC means imprisonment for the remainder of the convict's natural life; the right to apply for remission/commutation remains available and constitutional powers under Arts.72/161 remain distinct and untouchable but statutory powers under s.432/433 CrPC also remain available and may be exercised even after exercise under Arts.72/161 or judicial exercise under Art.32. The Appropriate Government is determined under s.432(7) by the nature of the sentence/order and whether the Union's executive power extends to the law under which the sentence was imposed; s.432(1) is not suo motu and s.432(2) procedure is mandatory; where s.435(1)(a)-(c) applies...

Court Disposition

Reference answered by Constitution Bench; matters to be listed before appropriate Bench for consequential orders

Orders

  • Reference answered in terms of the judgment
  • State Governments are required to follow the statutory and constitutional prescriptions summarized in the judgment when considering remission/commutation under Sections 432/433 CrPC