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Criminal LawSupreme Court of India

Union of India v. V. Sriharan @ Murugan & Ors.

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 48 of 2014)Decided 2 Dec 2015
Writ Petition (Criminal) No. 48 of 2014
Chief Justice H.L. Dattu · Justice F.M. Ibrahim Kalifulla · Justice Pinaki Chandra Ghose · Justice Abhay Manohar Sapre · Justice Uday Umesh Lalit

Background

This judgment answers a question of law; it does not decide the case itself. A five-judge Constitution Bench was asked seven questions about remission of sentences under the Code of Criminal Procedure. The questions arose from a challenge to a State's proposed remission and release of convicts serving life sentences.

Decision Breakdown

This is not a final judgment in the case itself. The Bench answered the referred questions in several separate opinions, with a majority of three judges and two judges differing on one of the questions. It directed that the writ petitions be placed before an appropriate three-judge Bench for orders and directions in the light of the majority judgment.

Lesson Learnt

The reference has been answered, but there is no final ruling yet on the challenge to the proposed remission, which remains pending before a three-judge bench.

Union of India v. V. Sriharan @ Murugan & Ors. – Legal Case Shots | LegalAware