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The State of Haryana v. Raj Kumar @ Bittu

Criminal Appeal · 2021 INSC 377Decided 3 Aug 2021
Criminal Appeal No. 721 of 2021
Justice Hemant Gupta · Justice A.S. Bopanna

Background

A life-convict prisoner moved the Punjab & Haryana High Court seeking premature release through remission, and the High Court directed the Haryana Government to frame/reconsider its remission policy under Article 161 of the Constitution and to apply certain principles for his release consideration. The State and the prisoner both appealed to the Supreme Court, disputing which of Haryana's successive remission policies (dated 2002 or 2008) should govern, and the respective roles of the State Government and the Governor in deciding premature release.

Decision Breakdown

The Supreme Court clarified the relationship between the Governor's constitutional clemency power under Article 161 and the State Government's statutory remission power under Sections 432-433A of the CrPC, holding that the policy applicable is the one in force on the date of the prisoner's conviction. It held that a prisoner convicted of an offence punishable with death must serve a mandatory minimum of 14 years' actual imprisonment under Section 433-A before the State Government can consider premature release, though the Governor's constitutional power under Article 161 is not bound by that 14-year bar. Applying this, since the prisoner (who had served just over 12 years) was convicted under the 2008 policy, the Court set aside the High Court's directions and held his case for premature release could only proceed under Article 161 (Governor's power) until he completes 14 years, or under the ordinary statutory route thereafter.

Lesson Learnt

A life convict's premature release is governed by the remission policy in force on the date of conviction, not later policies; and for the most serious offences, 14 years of actual imprisonment is a mandatory threshold before the State Government itself can grant release, though the Governor's separate constitutional clemency power is not similarly restricted.

Official source (sci.gov.in)View Judgment (PDF)

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