LexSTATE OF GUJARAT & ANR. versus LAL SINGH @ MANJIT SINGH & ORS.
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A B c D E F G H [2016] 4 S.C.R. 816 STATE OF GUJARAT & ANR. v. LAL SINGH @ MANJIT SINGH & ORS. (Criminal Appeal No. 171 of2016) JUNE29,2016 [DIPAK MISRA AND SHIVA KffiTI SINGH, JJ.] Code of Criminal Procedure, 1973 - ss. 432 and 433 - Remis- sion under - Respondent was convicted under the provisions of TADA by .the Designated Court in the State of Gujarat and sen- tenced to life imprisonment - Conviction was confirmed by Supreme Court - On the request of the respondent-convict, he was trans- ferred from the jail in Gujarat to the jail in Punjab -Application by the convict for remission of sentence - Rejected by the State of Gujarat - Writ petition challenging the order of refusal - High Court directed the State of Gujarat to reconsider the representation of the convict to release him premature - On appeal, held: The High Court has not found that the order passed by the State was bereft of ap- propriate consideration of necessary facts or in violation of prin- ciples of equality - Therefore, the direction of the High Court to the State to reconsider the case of remission, is not correct - However, the appropriate Government for exercising power u/ss. 432 and 433 would not be State of Gujarat, but the Central Government as the sentence was imposed under a law with respect to which the Executive Power of the Union extends - Liberty granted to the con- vict to submit application for premature release before the compe- tent authority of the Central Government. Parole - Direction by High Court (in exercise of its jurisdic- tion u/Art. 226) to release life convict on parole - Held: Constitu- tional court before directing the temporary release, should form an opinion that request has been unjustifiably refused or where inter- est of justice so warrants - However, such jurisdiction should be sparingly exercised - In the present case, an abrupt direction has been issued to release the convict on parole without resorting to legal principles. Judicial Discipline - Judicial restraint - A Judge is expected 816 STATE OF GUJARAT & ANR. v. LAL SINGH@ MANJIT SINGH 817 & ORS. to act in consonance with the legal principles - He has to remain embedded to constitution and laws - He cannot assume the power on the basjs of the individual perception or notion. Allowing the appeal, the Court HELD: 1. The High Court has not found that the order passed by the State of Gujarat was bereft of appropriate consid- eration of necessary facts or there has been violation of prin- ciples of equality. The High Court has not noticed that the order is bereft of reason. It has been clearly stated in the impugned order that the convict was involved in disruptive activities, crimi- nal conspiracy, smuggling of arms, ammunitions and explosives and further he had also been involved in various other activities. It has also been mentioned that the prisoner had wide-spread network to cause harm and create disturbance to National Secu- rity. Because of the aforesaid reasons remission was declined. In such a fact situation, the view expressed by the High Court to consider the case on the basis of the observations made by it in the judgment is not correct. [Para 32] [837-B-D] Laxman Naskar v. State of West Bengal (2000) 7 SCC 626 : 2000 (3) Suppl. SCR 62 - relied on. 2.1 The constitutional court, before directing the temporary release where the request is made to be released on parole for a specified reason and for a specified period should form an opin- ion that request has been unjustifiably refused or where the in- terest of justice warranted for issue of such order of temporary release. Jurisdiction has to be sparingly exercised by the Court and even when it is exercised, it is appropriate that the Court should leave it to the administrative or jail authorities to pre- scribe the conditions and terms on which parole is to be availed. [Para 33] [837-F-G] 2.2 In the present case, an abrupt direction has been issued to release the first respondent on parole for a period of three months. It is well settled that a Judge is expected to act in con- sonance and accord with the legal principles. He cannot assume the power on the basis of his individual perception or notion. While using the power he has to bear in mind that "discipline" and "restriction" are the two basic golden virtues within which a A B c D E F G H 818 SUPREME COURT REPORTS [2016] 4 S.C.R. A Judge functions. He has to remain em
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