P&H HC gives power to trial court: Pass life sentence without remission

Tanvi Sinha

A Gurugram division bench in the Punjab and Haryana High Court, Chandigarh spoke against a decision taken by the High Court earlier on 28th August 2020.

A bench comprising of Justice SN Satyanarayana and Justice Archana Puri said that they could not understand why the High Court bench in the order passed stated that the trial court did not have the power to impose life imprisonment without remission.

This judgement was passed while hearing a petition filed by Anil Dass who challenged the order of the Gurugram division bench which rejected his application for a four week parole, during his life sentence which was given by the Additional Sessions Judge because of the petitioner and his co-accused being responsible for multiple homicides.

The High Court noted that the findings of the Additional sessions judge seemed accurate and they also felt that leaving such persons out in society for even a minute, after they were found guilty is not something matching the interests of society in large.

The counsel for the petitioner pointed out that a coordinate bench in the High Court had already stated that the trial court passing life imprisonment without remission is wrong, but the bench declared that in light of the petitioner being involved in the killing of innocent persons of women and children the judgement could simply not stand it.

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