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Supreme Court of India 2019-04-25 disposed

Rajan vs Home Secretary, Home Department of Tamil Nadu and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A refugee from Sri Lanka convicted for dacoity and firing a machine gun (killing three and injuring four), resulting in life sentences on seven counts (three for Section 302 IPC, four for Section 307 IPC), sought premature release after 30+ years of imprisonment. The Supreme Court held that while convictions under unconstitutional provisions and completed concurrent sentences cannot block premature release, the competent State authority must consider remission for all remaining life sentences as a package. The Court directed the State to expeditiously process the petitioner's 2018 representation on its merits, without being bound by an earlier 2010 rejection, and held that Central Government consultation was unnecessary.

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Criminal Procedure Remission Premature Release Life Sentence Constitutional Law Arms Act Competent Authority

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