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1 - 10 of 11 (0.31 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Ashok Kumar Barik vs State Of Orissa on 5 November, 1997
11. Though the power to review the cases forwarded by the
internal Scrutiny Committee vests with the Standing
Committee constituted under Clause 12 of the GO, but right
accrued to the eligible convicts to be considered for premature
release cannot be nibbled without objectively examining their
case. The policy framed by the Government is in tune with
the International conventions on life and liberty of the citizens
including prisoners, to which India is a signatory. At the same
time, this Court is not compassionate and considerate of the
lift convicts who are enduring nightmare for the gruesome
offences committed by them, but it is only on the principle of
fair play, legitimate expectation and the guidelines framed by
the Government, their cases have to be examined having
regard to the conditions stipulated therein. No compelling
reasons are discernable for not recommending their cases even
on a perusal of the record produced in the matter. Review
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power vested in the Standing Committee cannot be construed
to lay down fresh conditions/guidelines, and it is to scrutinise
and ensure conformation of the eligibility conditions already
laid down by the Government in the GO Ms.No.8.
Article 72 in Constitution of India [Constitution]
Section 373 in The Indian Penal Code, 1860 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
The Essential Commodities Act, 1955
Section 432 in The Code of Criminal Procedure, 1973 [Entire Act]
Union Of India vs V. Sriharan @ ,Murugan & Ors on 2 December, 2015
9. This Court is not oblivious of the fact that Court should
not interfere in matters either grant/refusal of special
remission to the convicts and the terms of remission or
otherwise be left to the Executive. A Constitutional Bench of
the Supreme Court in UNION OF INDIA vs. V. SRIHARAN1
while considering the rights of convicts for grant of remission
at para 259 observed thus:-