2024 SCC Vol. 5 Part 4

Constitution of India — Arts. 32, 21, 14 and 226 — Writ petition by the victim challenging grant of remission or premature release: Law clarified on invocation of jurisdiction of Supreme Court under Art. 32 without approaching High Court under Art. 226 and maintainability of PIL against en masse remission or premature release of convicts in Gujarat Communal Riots, [Bilkis Yakub Rasool v. Union of India, (2024) 5 SCC 481]

Criminal Procedure Code, 1973 — Ss. 432, 433 and 433-A — Remission of sentence or premature release — Applicable Remission Policy: Though in determining the entitlement of a convict for premature release, the Policy of the State Government on the date of the conviction is determinative factor, but if the Policy prevalent on the date of the conviction is subsequently liberalised to provide more beneficial terms, those should also be borne in mind, [Hitesh v. State of Gujarat, (2024) 5 SCC 623]

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