SC reverses High Court’s premature release of TADA convict
Criminal
The Supreme Court reproached the Punjab and Haryana High Court for assuming “power on the basis of individual perception or notion” in light of its failure to consider essential legal precedent, and basing discussion and decision on “abstractions”.
In the instant case, Respondent was tried in 1994 under the Terrorist and Disruptive Activities (Prevention) Act 1987, and was sentenced to life imprisonment. Having completed 14 years in prison, the requisite period of the sentence, he sought early release. His applications were rejected for the gravity and nature of crimes committed and impact on society, based on the Bombay Jail Manual. However, the High Court ordered reconsideration of application and ordered Respondent’s release on parole within three months.
The Supreme Court disagreed fervently with the conclusions of the High Court. Noting that the lower court had not referred to crucial legal precedent, it termed discussion on aspects of human rights and individual liberty to be “in the realm of abstractions”. It derided the court for not finding that the State government’s order was “bereft of appropriate consideration of necessary facts” and in violation of the principles of equality.
The appeal was allowed and Respondent was permitted to submit representations before an authority of the Central government for consideration of his release.
Tags : TADA LIFE IMPRISONMENT AMNESTY
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