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Supreme Court of India 2016-03-15 allowed

G. Balachandran vs C.S. Ramachandran Nair & Ors

Bench: 2 — 2

In Brief

Police officers (Circle Inspector, Head Constable, and Sub-Inspector) were convicted for manhandling a couple during a police station visit and assaulting them under the Indian Penal Code. Rather than surrendering to serve their sentences, they sought remission from the State Government, which granted remission without following proper procedure. The Supreme Court held that remission cannot be granted unless the convicts first surrender to jail, and the Governor's order was invalid as it lacked the Council of Ministers' advice. The Court allowed the appeal, set aside the High Court's order, and directed the State to reconsider the remission requests only after the convicts surrender.

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Criminal Procedure Remission of Sentence Presidential/Gubernatorial Power Constitutional Law

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