Published on: April 24, 2022 at 15:00 IST
While giving an opinion on Remission Application should provide an adequate reason, the Supreme Court opined that the Presiding Officer of the Sentencing Court.
The Bench of Justices DY Chandrachud and Aniruddha Bose observed that inadequate reasons given by the Presiding Officer of a sentencing Court will not satisfy the requirement of Section 432(2) of Civil Procedure Code.
In this Case, the Petitioner was serving a Life Sentence and had filed an Application for Premature Release under Rule 358 of Chhattisgarh Prison Rules of 1968.
The Government’s Law department stated that since the Special Judge was not inclined to Release the Petitioner, he can’t be released.
The Petitioner move to the Supreme Court, Supreme Court said that even though the Court can review the Government’s Decision, the Court cannot exercise the power of the Government and allow itself to be exempted.