The Gujarat High Court's single-judge bench, which was composed of Justice Vaibhavi D. Nanavati, recently reaffirmed that when assessing whether to grant a convict's request for remission, the state's remission policy in effect on the day of conviction must be taken into account. 

The bench made this observation while ordering the State Government to decide on a remission application pertaining to a murder offender (Rafiq Aalambhai Parmar) who was sentenced to life in prison in 2001 under the remission policy that was in effect at the time of his conviction within four weeks.

"The petitioner herein was convicted on 23.10.2001 and the respondent authority shall take into consideration the same, considering the case of the petitioner in accordance with the (remission) policy prevailing on that dated 23.10.2001," the Court ordered as it directed the state to take a decision in this matter within 4 weeks and allowed the plea.

The murder offender who filed the plea essentially asked the High Court to order the State government to take into account his request for a complete pardon under Sections 432 and/or 433-A of the CrPC. It was his contention that, as of July 31, 2017, he had served out his 16 years, 7 months, and 8 days of sentence, and that, in accordance with the remission guidelines in effect at the time of his conviction, he qualified for full remission. 

The committee for the reduction of the petitioner's sentence was said to have met on May 20, 2017, and its recommendation was delivered to the state government on July 13, 2017, but no action was taken until the present petition was filed.

Case title - Rafiq Alam Parmar vs State Of Gujarat and 3 Others 
Citation: SPECIAL CRIMINAL APPLICATION NO. 7483 of 2017 
Link: https://gujarathc-casestatus.nic.in/gujarathc/#