Policy Prevailing On The Date Of Conviction Would Be Applicable For Purpose Of Grant Of Remission: Gujarat High Court

The Gujarat High Court has recently reiterated that while considering the case of a convict for remission, the state's remission policy prevailing on the date of conviction shall be made applicable in deciding remission application.

The bench of Justice Vaibhavi D. Nanavati observed thus while directing the State Government to take a decision on the remission application pertaining to a Murder convict (Rafiq Aalambhai Parmar) sentenced to life imprisonment in 2001 within 4 weeks as per the policy of remission which was prevailing at the time of his conviction.

The case in brief

Essentially, the petitioner/murder convict had moved the High Court seeking a direction to the State government to consider his case for full remission of sentence under Section 432 and/or 433-A of the CrPC. It was his case that he had completed the sentence of 16 years, 7 months, and 8 days on date July 31, 2017, and as per the remission policy prevalent on the date of his conviction, he was eligible for full remission.

It was also submitted that the committee for the remission of the petitioner's sentence was met on 20.05.2017 and the report was sent to the State Government on 13.07.2017, however, no decision on the same was taken till the filing of the instant petition.

Further, his counsel also referred to the Government Resolution dated October 23, 1992 (remission policy), which laid down a condition that a convict must have completed 14 years of imprisonment for the purpose of grant of remission. Lastly, he submitted that despite fulfilling this condition, the State government failed to take any decision on the petitioner's sentence remission.

On the other hand, the State's counsel submitted that the petitioner-convict's case is pending consideration before the Advisory Board Committee and his case shall be considered in the next meeting of the Advisory Board Committee.

However, it was also argued that the remission policy of the year 1992 has been replaced by Government in January 2014, as per which, the petitioner is not eligible for remission.

High Court's order

Rejecting the argument of the state, the Court, at the outset referred to the Gujarat HC's decision in the case of Harishankar Gayaprasad Jaiswal Versus State of Gujarat 2018 (0) AIJEL-HC 239908 to hold that while considering a case for remission, the policy prevailing on the date of conviction shall be made applicable.

"The petitioner herein was convicted on 23.10.2001 and the respondent authority shall take into consideration the same, considering the case of the petitioner in accordance with the (remission) policy prevailing on that dated 23.10.2001," the Court ordered as it directed the state to take a decision in this matter within 4 weeks and allowed the plea.

Case title - Rafiq Alam Parmar vs State Of Gujarat and 3 Others [SPECIAL CRIMINAL APPLICATION NO. 7483 of 2017]

Case Citation:

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