In Brief
The Supreme Court addressed the interaction between a Governor's constitutional power to grant pardons and remit sentences (Article 161) and the statutory restriction in Section 433-A of the Code of Criminal Procedure requiring 14 years of actual imprisonment before premature release for certain offences. The Court held that Article 161 power is independent of and overrides Section 433-A; however, it must be exercised on the State Government's advice. For prisoners who have served less than 14 years, premature release is possible only through the Governor's Article 161 power, not through statutory remission. The Court set aside the High Court's directions requiring a retrospective remission policy and clarified that the policy applicable at conviction governs eligibility for release.
The lawyer headnote and full judgment text are available to registered users.