Regime of Punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. By order
Regime of Punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. The petitioner
regime of punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
2. The petitioner
prima facie view under
Section 33(2)(b) , dwell upon the proportionality of
punishment, as erroneously done in the instant case ... punishment
of dismissal is a harsh punishment. That is why the
first respondent has entered into the arena of
punishing the proportionality of the punishment
perverse and further it should not go into the proportionality of
punishment unless it shocks its conscience. Para 13 of the said
decision is relevant ... however grave it may
appear to be;
(vii) go into the proportionality of punishment unless it
shocks its conscience"
17. When we revert back
cases of apparent
injustice that are serious and widespread.
14. Proportion between crime and punishment is a goal
respected in principle, and in spite ... proportionality in sentencing a
crime-doer is well entrenched in criminal jurisprudence.
As a matter of law, proportion between crime and
punishment bears most relevant
this is done, this would be in violation of concept of
Proportionality of Punishment as provided in the Code of
Criminal Procedure . In the case ... appeared to be illogical and opposed to the concept of
proportionality of punishment enshrined in the Cr.P.C.
6. In this regard, she sought
Regime of Punishments in light of Article 21 & Doctrine of Proportionality
K.
Punishments & Article 21
(i). Right to human dignity
(ii). Supreme Court ... restraints during the reformation, self development & rehabilitation programme
M.
Proportionality and Punishment
N.
Conclusions & Reliefs
O.
Appendix
A. Reliefs sought
1. The petitioner
however
grave it may appear to be;
(vii) go into the proportionality of
punishment unless it shocks its
conscience.”
33. To the same effect
desire
application of judicial mind to the question of even
proportionality of punishment/penalty. I have said so because
the Industrial Disputes ... reason to disallow application of judicial mind to the
question of proportionality of punishment/penalty. But then,
while seized with this question as a writ
