In Brief
The Supreme Court examined whether State policies on premature release of life convicts convicted before a policy's notification date should apply retrospectively, and clarified the relationship between statutory remission powers (Sections 432-433 CrPC) and constitutional clemency powers (Article 161). The Court held that the policy applicable on the date of conviction governs eligibility; policies are superseded only prospectively. The constitutional power to remit (exercised by the Governor on State advice) overrides the 14-year bar in Section 433-A when actual imprisonment is less than 14 years. The State Government exercises statutory remission power only after 14 years. The High Court's directions to draft retrospective policies were set aside as unsustainable, as policies must account for imprisonment periods undergone and distinguish between statutory and constitutional powers.
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