Supreme Court - Daily Orders
Jaison vs The State Of Kerala on 24 April, 2023
Bench: V. Ramasubramanian, Pankaj Mithal
ITEM NO.32 COURT NO.14 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).6504/2022
(Arising out of impugned final judgment and order dated 11-01-2013
in CRLA No. 1581/2008 passed by the High Court Of Kerala At
Ernakulam)
JAISON Petitioner(s)
VERSUS
THE STATE OF KERALA Respondent(s)
(IA No.89712/2022-CONDONATION OF DELAY IN FILING......)
Date : 24-04-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Ms. N. Annapoorani, AOR
For Respondent(s) Mr. Nishe Rajen Shonker, AOR
Mrs. Anu K Joy, Adv.
Mr. Abraham C. Mathew, Adv.
Mr. Alim Anvar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The special leave petition arises out of the conviction of the petitioner for an offence punishable under Section 302 Indian Penal Code, passed by the Sessions Court and confirmed by the High Court.
The petitioner has admittedly spent more than 14 years in custody. Therefore, when the above special leave petition came up for hearing on 14.07.2022, this Court ordered notice in the special leave petition.
Signature Not VerifiedDigitally signed by Neetu Khajuria Date: 2023.04.25
On 29.07.2022, we directed the Advisory Committee of the State 17:02:07 IST Reason: to consider the case of the petitioner for premature release in 1 accordance with the existing provisions.
On 05.01.2023, it was reported by the learned counsel for the State of Kerala that the Advisory Committee has already taken a decision to release the petitioner prematurely and certain formalities had to be completed.
On 02.02.2023, we were informed that the Advisory Committee’s recommendation had been approved by the Cabinet and a final decision was to be taken by the Governor.
Today, the learned counsel for the State produced a copy of G.O.(Ms)No.105/2023/HOME dated 27.03.2023, Thiruvananthapuram. By the said Government order, the Governor has granted remission of the remaining period of sentence in favour of the petitioner, in exercise of the power conferred under Article 161 of the Constitution of India and subject to the conditions laid down in Rule 470 of the Kerala Prisons and Correctional Services(Management) Rules, 2014.
In view of the premature release of the petitioner, the special leave petition is disposed of.
All pending applications also stand disposed of. (GAGANDEEP SINGH CHADHA) (RENU BALA GAMBHIR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) 2