In Brief
Ram Chander, convicted of murder and sentenced to life imprisonment in 2010, sought premature release after 16 years of incarceration. The Special Judge opined against remission with minimal reasoning. The Supreme Court held that while the government has discretion in remission matters, the procedure in Section 432(2) CrPC requiring the presiding judge's reasoned opinion is mandatory and cannot be exercised suo motu. The judge's opinion must adequately address five statutory factors: whether the crime affects society, likelihood of recurrence, the convict's reformation potential, imprisonment utility, and family socio-economic conditions. Finding the Special Judge's opinion inadequate, the Court directed reconsideration with proper reasoning within one month.
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