HIGH COURT APRIL 2025 WEEKLY ROUNDUP | Rajdeep Sardesai’s Defamation Case; Missing Liquor Stock; Badlapur Encounter Case; and more
A quick legal roundup to cover important stories from all High Courts this week.
remission
Appropriate Govt. obligated to consider cases of eligible convicts for grant of premature release where such policy exists: SC
“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.
Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024
The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.
‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission
No separate category is carved out as an exception to the normal Rules of remission provided under Section 4321 of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.
Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage
The Court affirmed the father’s conviction but converted the death penalty to 20 years’ rigorous imprisonment without remission considering several mitigating factors favouring the accused.
‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea
“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”
Convicts under MCOCA can’t be excluded from availing the benefits of 2006 State Remission Policy: Bombay HC
The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.
[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC
The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.
Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case
“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”
Supreme Court sets aside Gujarat Government’s decision to grant remission to 11 convicts in Bilkis Bano gang rape case
Bilkis Bano was 21 years old and five months pregnant when she was gang raped. She saw 14 of her family members being killed, including her 3-year-old daughter, in the 2002 Gujarat riots that broke out after the Godhra train burning.
Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
‘Not rarest of rare case’; Delhi High Court commutes death sentence of man for kidnapping and murder of 12-year-old
Though causing death of someone in itself is perversity, however causing death by smothering and inflicting injuries by jack handle though opined to be consistent with intense torture, cannot be held to be a diabolic or seriously perverse manner of committing murder so as to shock the collective conscience of the society and fall in the category of rarest of rare cases.
“Undue leniency in sentencing shakes public confidence in Criminal Justice System”: Supreme Court modifies sentence in minor’s rape-murder case
Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.
Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
Bilkis Bano – Premature release of Convicts case: Supreme Court terms the crime committed by convicts as “Horrendous”; Issues notice to Central and Gujarat Governments
In a petition filed by Bilkis Bano, and other pleas in the nature of Public Interest Litigation, Supreme Court said that “we are only on legal and law and nothing to do with emotions.”
Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court
The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.
Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict
The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.
Justice Bela M Trivedi recuses from hearing Bilkis Bano’s plea
When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”. The matter is now before the Supreme Court.
“He was kind enough to leave the prosecutrix alive”: Madhya Pradesh High Court observes while reducing rape convict’s sentence
Madhya Pradesh High Court | The Division Bench comprising of Subodh Abhyankar* and Satyendra Kumar Singh, JJ., reduces life imprisonment awarded to
Court of Appeal of the Republic of Singapore | Jurisdiction of Arbitral Tribunal is only revived to the extent of the remission ordered
“Apart from the remission ordered, there is no basis on which a party in CKH’s position or the Tribunal itself can seek to re-open or expand the subject matter of the award or arbitration.”