Gujarat High Court: State’s Remission Policy Would Be Applicable

The Gujarat High Court in the case Rafiq Alam Parmar vs State Of Gujarat and 3 Others observed and has reiterated that while considering the case of a convict for remission, the policy of State’s remission which is prevailing on the date of conviction shall be made applicable in deciding remission application.

The bench headed by Justice Vaibhavi D. Nanavati observed while directing the State Government for taking decision on the application of remission pertaining to a Murder convict (Rafiq Aalambhai Parmar) who is sentenced to life imprisonment in 2001 within 4 weeks as per the policy of remission which was prevailing at the time of his conviction.

Facts of the Case; The murder convict or petitioner had moved the High Court wherein seeking direction to the State government to consider his case for full remission of sentence under Section 432 and/or Section 433-A of the Code of Criminal Procedure. The case was that he had completed the sentence of 16 years, 7 months, and 8 days on date 31.07.2017 and as per the remission policy prevalent on the date of his conviction, he was being eligible for full remission.

Before the court, it was also submitted that the committee for the remission of the petitioner’s sentence was met on May 20, 2017 and on July, 13, 2017 the report was sent to the State Government, thus, the court took no decision on the same till the filing of the instant petition. The counsel appearing also referred to the Government Resolution dated 23.10.1992 (remission policy), wherein a condition has been laid down that a convict must have completed 14 years of imprisonment for the purpose of grant of remission. It has been submitted by him that despite fulfilling this condition, the State government has failed for taking any decision on the petitioner’s sentence remission.

Further, the counsel appearing for the State submitted that the petitionerconvict’s case is pending consideration before the Advisory Board Committee and the petitioner’s case shall be considered in the next meeting of the Advisory Board Committee.

Before the court, it is also argued that the remission policy of the year 1992 has been replaced by Government in January 2014 and according to it, the petitioner is not eligible for remission.

The Order of High Court; The Court while rejecting the argument of the state referred to the decision of Gujarat High Court in the case of Harishankar Gayaprasad Jaiswal Versus State of Gujarat, wherein it is held that while considering a case for remission, the policy prevailing on the date of conviction shall be made applicable.

The court ordered that the petitioner herein was convicted on 23.10.2001 and the respondent authority shall take into consideration the same, while considering the case of the petitioner in accordance with the (remission) policy prevailing on that dated 23.10.2001. Accordingly, the court allowed the plea and has directed the state to take a decision in this matter.

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