UNION OF INDIA VS SRI HARAN @ MURUGAN : CASE SUMMARY
Union Of India Vs Sri Haran @ Murugan (Writ Petition (Crl.) No. 48 of 2014) was filed before the Supreme Court against remission of sentence of life imprisonment of accused persons by Tamil Nadu Government. The said Writ Petition was referred to the Constitution Bench. The Supreme Court considered following questions of law in this case.
Whether imprisonment of life means imprisonment till the end of convict’s life ?
The Supreme Court relied on Gopal Vinayak Godse Vs The State of Maharastra & Ors (1961) 3 SCR 440 , Maru Ram Vs Union of India 1981 (1) SCR 1196 and subsequent judgments and held that imprisonment of life in terms of Section 53 R/w Section 45 of Indian Penal Code, 1860 means imprisonment of whole life. But this is subject to powers of the President and the Governor under Article 72 and Article 161 respectively to grant pardon, reprieve, commutation and remission and power of the appropriate government to remit under Section 432 Cr. P.C.
Whether special category of sentence exceeding 14 years can be awarded ?
The Supreme Court noted that subsequent to Bachan singh vs State of Punjab (1980) 2 SCC 684 , Machhi Singh Vs State of Punjab (1983) 3 SCC 470 etc death penalty is being awarded in “rarest of rare cases”. There is huge gap between 14 years imprisonment and death penalty. The Supreme Court noted that there are grave cases wherein 14 years imprisonment may not be sufficient punishment. In such cases, the Supreme Court may be inclined to award death sentence. The Supreme Court fully concurred with the judgment in Swamy Sharddananda @ Murli Manohar Mishra Vs State of Karnataka AIR 2008 SC3040 wherein it has been held the Court can award sentences of imprisonment of more than 14 years in grave cases which will be beyond remission. The Court also overruled its decision in Sangeet Vs State of Haryana 2013 (2) SCC 452 to this extent.
Whether Appropriate Government can exercise power under Section 432 and 433 Cr.P.C even after exercise of power by President and Court under Article 32 ?
That Supreme court held that Appropriate Government can exercise power under Section 432 and 433 CrPC even after exercise of power by the President under Article 72 and by the Governor under Article 161 of the Constitution. The power granted under Section 432 and 433 are independent of powers conferred by Constitution under Article 72 and 161. Even the Court can not exercise power under Article 432 and 433 CrPC. It is for the Appropriate Government to exercise.
Which is Appropriate Government under Section 432 (7) ?
The determination of appropriate government will be as per provisions of Section 432 (6). In cases where executive powers are vested in Centre by Constitution or Act of Parliament, even if State is empowered to make law on those subjects, the Appropriate Government will be Union of India. Thus, cases which fall within four corners of Section 437 (7 ) (a) by virtue of specific executive power conferred on the Centre, Union Government will be appropriate Government. In all other cases, the State Government will be appropriate government.
Whether suo motu power of remission is permissible under Section 432 (1) Cr.P.C. ?
Section 432 (1) empowers the Appropriate Government to suspend execution of sentence or remission of sentence. The Supreme Court held that power under Section 432 (1) of Code of Criminal Procedure, 1973 can not be exercised suo motu but such power can be exercised only by procedure provided under Section 432 (2) Cr.P.C.
Whether Consultation under Section 435 (1) Cr. P.C. means concurrence ?
Section 435 (1) CrPC imposes obligation on the State Government to consult the Central Government in certain circumstances before exercising power of remission or communication of sentence. The supreme Court held that for situations covered Section 435 (1) “consultation” in reality be held as “concurrence”.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.