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Constitutional law

L. MURUGANANTHAM versus STATE OF TAMIL NADU & OTHERS

The Supreme Court upheld the High Court’s findings that the appellant’s arrest and certain police conduct constituted violations warranting compensation, affirmed enhancement of compensation to Rs.5,00,000/- (Rs.4,00,000/- to be borne by the State and Rs.1,00,000/- recoverable from Respondent No.2) as fair given the appellant’s disability and deterioration, and found no material to establish wilful negligence by the prison authorities during the short period of incarceration; accordingly the High Court’s dismissal of the complaint against the prison authorities and the direction for departmen…

Source excerpt

  • Prisoners with disabilities
  • Reasonable accommodation
  • Compensation for human rights violations
  • Prison accessibility and infrastructure
  • Healthcare in prisons
  • Prison reform and visitorial systems
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Constitutional law

SUKANYA SHANTHA versus UNION OF INDIA & ORS.

Provisions in State prison manuals and rules that classify, segregate or allocate work to prisoners specifically or indirectly on the basis of caste or by using caste‑proxy terms (e.g. "accustomed to perform such duties", "scavenger class", references to "wandering/criminal tribes" or vague categories such as "habitual" without statutory footing) violate Articles 14, 15, 17, 21 and 23. Definitions or references to "habitual offenders" in prison rules must conform to any valid state habitual offender legislation; where no such legislation exists, such references are unconstitutional. The Model…

Source excerpt

  • Caste-based discrimination
  • Prison manuals
  • Habitual offenders
  • Denotified tribes
  • Untouchability
  • Forced labour
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Prison law

JOSEPH versus THE STATE OF KERALA & ORS.

Executive or administrative guidelines that categorically exclude classes of prisoners (for example, persons involved in murder of women) from consideration for premature release, thereby fettering statutory discretion and ignoring individual reformative potential, are arbitrary; where the statutory rules (1958 Rules as applicable on the date of conviction) and the Advisory Board record show rehabilitation, and the State repeatedly rejected favorable recommendations without reasons, the Court will direct release; on the facts the petitioner had served the requisite period, earned substantial…

Source excerpt

  • Premature release
  • Remission policy and its temporal application
  • Fettering of executive discretion
  • Article 14 equality challenge
  • Reformative purpose of imprisonment
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Criminal law

ANIL KUMAR versus STATE OF HARYANA & ORS.

Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 precludes counting the period of temporary/emergency parole towards the total period of sentence; therefore the petitioner, sentenced to life for offences under Sections 302/34 IPC, must have the period of emergency/interim parole excluded from computation of actual imprisonment and is not entitled to the relief sought; writ petition dismissed.

Source excerpt

  • Parole
  • Temporary release
  • Counting of parole towards sentence
  • Remission
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Criminal law

ROHAN DHUNGAT ETC. versus THE STATE OF GOA & ORS. ETC.

Because Rule 335 of the Goa Prisons Rules, 2006 expressly provides that period of release on Furlough and Parole shall be counted as remission of sentence, the Supreme Court upheld the High Court's conclusion that the period of parole must be excluded from the period of sentence when computing whether a convict has completed 14 years of actual imprisonment for the purpose of premature release.

Source excerpt

  • Parole
  • Remission of sentence
  • Premature release
  • Computation of sentence
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Criminal law

B. A. UMESH versus UNION OF INDIA & ORS.

Although the period between receipt and final disposal of the mercy petition (about two years and three months) did not constitute inordinate delay in the circumstances (including an operative stay), the appellant had been subjected to prolonged segregation/solitary confinement from 2006 and until the disposal and thereafter with ill effects; that solitary confinement in breach of Sunil Batra violated Article 21 and, considering the totality of facts, justice required commutation of the death sentence to life imprisonment subject to a minimum of 30 years' actual imprisonment before any remiss…

Source excerpt

  • Commutation of death sentence
  • Mercy petitions
  • Delay in execution of sentence
  • Solitary confinement
  • Article 21
  • Prisons act section 29
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Constitutional law

BHOLA KUMHAR versus STATE OF CHHATTISGARH

When a final appellate judgment reduces sentence, continued detention beyond the legally prescribed period constitutes unlawful detention violating Articles 19(1)(d) and 21, and the detained person is entitled to monetary compensation; the State is vicariously liable for its officers' acts in such detention.

Source excerpt

  • Illegal detention
  • Compensation for wrongful detention
  • Article 21 (right to life and personal liberty)
  • Article 19(1)(d) (freedom of movement)
  • Prison rules and remission
  • Vicarious liability of state
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Criminal law

ATBIR versus STATE OF NCT OF DELHI

A presidential order commuting death to life imprisonment that bars parole and remission does not, by itself, foreclose consideration for furlough under the Delhi Prison Rules, 2018; furlough eligibility depends on good conduct and earned rewards shown in Annual good conduct reports as per Rule 1223(I) and is not equivalent to entitlement to remission, therefore the Director General of Prisons and the High Court erred in denying furlough solely on the basis of the presidential order and must reconsider the appellant's application in accordance with law.

Source excerpt

  • Furlough
  • Parole
  • Remission
  • Presidential commutation/mercy petition
  • Delhi prison rules 2018
  • Good conduct reports
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Criminal law

MATA PRASAD versus THE STATE OF U.P. & ANR.

The Court directed that the competent authority shall consider the petitioner's case for remission within three months in view of the 2018 policy and granted interim bail pending that consideration; the Court also directed the State Government to re-examine the 2021 amendment (minimum age 60 clause) within four months, expressing grave doubt about its validity.

Source excerpt

  • Remission of sentence
  • Pre-mature release policy
  • Executive clemency
  • Article 161
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Constitutional law

MLA FROM MAU DISTRICT, UP versus JAIL SUPERINTENDENT (ROPAR) & ORS.

The petition under Section 406 Cr.P.C. is maintainable at the instance of the State (State is a 'party interested'), but Section 406 cannot be used to transfer the Punjab case because it is at the investigation stage without filing of final report; however, exercising powers under Article 142 the Supreme Court directed Respondents (Jail Superintendent, Roopnagar and State of Punjab) to hand over custody of the accused Mukhtar Ansari to the State of Uttar Pradesh within two weeks to be lodged in District Jail, Banda (with directions for medical care), and dismissed the related transfer petitio…

Source excerpt

  • Article 32
  • Section 406 cr.p.c.
  • Article 142
  • Transfer of prisoners
  • Maintainability
  • Production warrants
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.