RAJO @ RAJWA @ RAJENDRA MANDAL versus THE STATE OF BIHAR & ORS.

RAJO @ RAJWA @ RAJENDRA MANDAL versus THE STATE OF BIHAR & ORS.

The Remission Board’s rejection of the petitioner’s premature release was unsustainable because it relied predominately on perfunctory, inadequately reasoned opinions of the presiding judges and on an inapplicable ineligibility rule from the 2002 policy; Section 432(2) requires reasoned judicial opinion and the Board must take a holistic view of all reports (probation, jail, police, post-conviction conduct, remissions earned, health, age, possibility of reintegration) and reconsider the application afresh with a reasoned presiding judge’s report addressing the Laxman Naskar factors within the timeframe directed by the Court.

Parties
Petitioner: RAJO @ RAJWA @ RAJENDRA MANDAL; Respondent: THE STATE OF BIHAR & ORS.
Jurisdiction
India
Judgment Date
25 August 2023
Procedural Posture
Writ Petition (criminal) No. 252 of 2023 Under Article 32 of the Constitution of India / Judgment
Outcome
Writ petition allowed
Legal Topics
Remission, Life Imprisonment, Executive Clemency, Section 432 Cr PC Procedure, Presiding Judge's Opinion Weight, Sentencing Principles, Application of Remission Policy
Criminal Law Constitutional Law Penology Administrative Law Remission Life Imprisonment Executive Clemency Section 432 Cr PC Procedure +3 more

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Parties

RAJO @ RAJWA @ RAJENDRA MANDAL

Petitioner

THE STATE OF BIHAR & ORS.

Respondent

Procedural Posture

Writ Petition (criminal) No. 252 of 2023 Under Article 32 of the Constitution of India / Judgment

Legal Issues

  1. 1 Whether the petitioner who has served over 24 years is entitled to premature release/remission
  2. 2 Whether the Remission Board validly relied on adverse reports of the Presiding Judge and Superintendent of Police without adequate reasoning
  3. 3 Whether the procedural requirements of Section 432(2) CrPC were complied with

Ratio Decidendi

The Remission Board’s rejection of the petitioner’s premature release was unsustainable because it relied predominately on perfunctory, inadequately reasoned opinions of the presiding judges and on an inapplicable ineligibility rule from the 2002 policy; Section 432(2) requires reasoned judicial opinion and the Board must take a holistic view of all reports (probation, jail, police, post-conviction conduct, remissions earned, health, age, possibility of reintegration) and reconsider the application afresh with a reasoned presiding judge’s report addressing the Laxman Naskar factors within the timeframe directed by the Court.

Court Disposition

Writ petition allowed

Orders

  • Remission Board to reconsider the petitioner’s application for remission afresh
  • The concerned Presiding Judge to provide a reasoned opinion on the petitioner’s application within one month taking into account the factors laid down in Laxman Naskar