WPCRL/828/2022
2022 Latest Caselaw 1406 UK

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                                 WPCRL No. 828 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble R.C. Khulbe, J.

Mr. Harshpal Sekhon and Mr. Shailabh Pandey, Advocates for the petitioners.

Mr. J.S. Virk, Deputy Advocate General and Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarkhand.

Heard learned counsel for the parties. Petitioners have challenged validity of the policy of remission of sentence notified on 09.02.2021, on the ground that it is in violation of law laid down by Hon'ble Supreme Court in the case of Union of India Vs. V. Shriharan, reported in (2014) 11 SCC 1 and also a Full Bench judgment of Hon'ble Bombay High Court in the case of Yovehel Vs. State of Maharashtra, reported in 2020 SCC OnLine Bom 1318.

According to the petitioners, under Section 432 (2) Code of Criminal Procedure, the presiding Judge of the Court concerned, which recorded conviction or affirmed the sentence, has to be consulted while considering any application for remission of sentence, however, the policy is absolutely silent regarding such consultation, meaning thereby, that sentence of a convict can be remitted without consulting the concerned Judge.

Learned counsel for petitioners further contends that, pursuant to the said policy, sentence of respondent nos. 5 & 6 has been remitted, who are now extending threat to petitioners and their family members.

In such view of the matter, issue notices to respondent nos. 5 & 6, returnable within a period of four weeks, by registered post, acknowledgment due.

Steps to be taken by 09.05.2022. As prayed, four weeks' time is granted to learned Deputy Advocate General to file counter affidavit.

List this matter on 22.06.2022. In the meantime, S.S.P., Udham Singh Nagar shall assess threat perception to the petitioners and make necessary arrangement to ensure that no harm is caused to them or their family members.

(R.C. Khulbe, J.) (Manoj Kumar Tiwari, J.) 06.05.2022 Arpan