'Mandatory, not optional, to get convicting court's opinion on remission'
Monday, 8 January 2024
Supreme Court rejects Gujarat government's plea to grant remission without seeking opinion from the special CBI court; Guidelines mandate seeking opinion from presiding judge before deciding remission plea; Presiding judge's opinion should state whether remission should be granted or refused, backed by reasons; Presiding judge cannot be a member of Jail Advisory Committee; Factors to consider when deciding remission plea include individual act of crime, chance of future recurrence, convict's potentiality, purpose of confinement, and socio-economic condition of convict's family.
Supreme Court rejects Gujarat government's plea to grant remission without seeking opinion from the special CBI court; Guidelines mandate seeking opinion from presiding judge before deciding remission plea; Presiding judge's opinion should state whether remission should be granted or refused, backed by reasons; Presiding judge cannot be a member of Jail Advisory Committee; Factors to consider when deciding remission plea include individual act of crime, chance of future recurrence, convict's potentiality, purpose of confinement, and socio-economic condition of convict's family.
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