Sat. Sep 19th, 2020

Order dt. 09.07.2014 which restrained the State Governments from exercising the powers of remission and commutation of life sentence, modified

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Supreme
Court: Modifying the order dated 09.07.2014 where
the State Governments were restrained from exercising their powers of remission
and commutation of sentence under Sections 432 and 433 of the Code of Criminal
Procedure, 1973 to life convicts, the 5 judge bench of HL Dattu, CJ and FMI
Kalifulla, PC Ghose, AM Sapre and UU Lalit, JJ said that the said order shall
apply to only certain cases, namely:Where life sentence has been
awarded specifying that the convict shall undergo life sentence till the end of
his life without remission or commutation; and the convict shall not be
released by granting remission or commutation till he completes a fixed term
such as 20 years or 25 years or like. Where no application for
remission or commutation was preferred, or considered suo motu by the concerned
State Governments/authorities.Where the investigation was
conducted by any Central Investigating Agency like the Central Bureau of
Investigation.Where the life sentence is
under any central law or under Section 376 of the Indian Penal Code, 1860 or
any other similar offence.

However, it was held that the President of
India and the Governors of the States may exercise their powers in this respect
under Articles 72 and 161 of the Constitution, respectively. [Union of India v.
V. Sriharan, 2015 SCC OnLine SC 653, decided on 23.07.2015]
Source: Legal news India

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