Criminal lawyer: for life Convict to be considered for remission he has to go minimum 14 years of imprisonment, laying of rule before the house is only directory; SC.- 19:30
Supreme Court of India
Justice Navin Sinha
In the case titled as "State of Rajasthan Vs Mukesh Sharma", the supreme court has set aside the judgement of the High Court, striking down the provision, regarding the mandatory requisites fulfillment, for consideration of remission of the Convict going life imprisonment.
The Supreme Court of India has upheld the provision which mandates that before consideration of remission of sentence, the Convict has to go 14 years of imprisonment and minimum 4 years of remission after going for 14 years in custody. The HC had erroneously struck down the said provision by holding that the same was not placed before the house as per rules.
The Supreme Court held that by mere not placing the rule before the house does not make it invalid as the provision is only directory, regarding laying down the rule before the house. Accordingly the judgement of the Rajasthan High Court was set aside and the state law was upheld regarding remission prerequisites as aforesaid.