SC: Sentence remission is government’s function, not court’s | India News – Times of India



NEW DELHI: The Supreme Court on Tuesday turned down the remission plea of a life convict who has spent more than 15 years in jail and said that it was a function of the government. Abench of CJI D YChandrachud and Justices P SNarasimha and J B Pardiwala asked the Gujarat government to reconsider the convict’s plea for premature release earlier rejected by state.
Though one of the co-accused was released prematurely in 2017, the petitioner’s plea for remission was rejected by the government as he had jumped bail and absconded for five years when granted bail for three weeks in 2005. He was awarded life sentence and has spent over 15 years in jail.
Rejecting his plea for remission, the bench said, “We are of the considered view that the state government shall freshly consider the application. Since the grant of premature release is an executive function related to Article 162 of the Constitution, we are of the view that it is appropriate for the government to re-evaluate the matter by bearing in mind all the relevant circumstances”.





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