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Criminal LawSupreme Court of India

Jaswant Singh & Ors. vs The State of Chhattisgarh & Anr.

Writ Petition (Criminal) · 2023 INSC 31Decided 13 Jan 2023
Writ Petition (Criminal) No. 323 of 2022
Dinesh Maheshwari · Bela M. Trivedi

Background

Three men (Jaswant Singh (63), Ajay (43) and Naresh (57)) were serving life sentences for a 2006 double murder committed by an unlawful assembly in Durg, Chhattisgarh; their convictions were confirmed up to the Supreme Court in 2015. After about 16 years in prison without remission (about 21 years counting remission), they applied for premature release. The Jail Superintendent sought the sentencing court's opinion as the law requires, and the Special Judge, Durg, wrote back in one-line letters that "in view of the facts and circumstances" remission was not appropriate; the State's Law Department relied on that negative opinion and the applications were rejected. Meanwhile, a co-accused in the same case, Ram Chander, had obtained an order from the Supreme Court in April 2022 directing a fresh, reasoned opinion, following which the same judge recommended his release.

Decision Breakdown

The Court held that the present petitioners' situation was identical to Ram Chander's. Under Section 432(2) CrPC the presiding judge's opinion must be accompanied by reasons, and those reasons must engage with the factors laid down in Laxman Naskar vs Union of India, whether the offence affects society at large, the likelihood of the crime being repeated, the convict's potential for future crime, whether any purpose is served by continued imprisonment, and the convict's family's socio-economic condition. A mechanical statement repeating the crime and saying remission is "not appropriate" does not meet that standard, and the government cannot treat such a defective opinion as decisive. The Court allowed the writ petition, directed the Special Judge, Durg, to give a fresh, reasoned opinion on all three applications, and directed the State to take a final decision within one month of receiving it.

Lesson Learnt

A life convict's application for early release cannot be rejected on the strength of a one-line "no" from the trial judge: the opinion has to be a reasoned one that weighs the convict's present circumstances, not just the original crime. Similarly placed co-accused are entitled to the same treatment the Court has already given one of them.

Jaswant Singh & Ors. vs The State of Chhattisgarh & Anr. – Legal Case Shots | LegalAware