Supreme Court of India · 1990-03-23
STATE OF PUNJAB AND ORS. ETC. ETC. vs JOGINDER SINGH AND ORS. ETC. ETC.
- Citation / case number
- SC 1981/63612
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB AND ORS. ETC. ETC.
- Respondent
- JOGINDER SINGH AND ORS. ETC. ETC.
- Bench
- AHMADI, A.M. (J)
Judgment text excerpt
The Supreme Court held that remissions cannot reduce the sentence awarded by the court except under Section 432 of the Code of Criminal Procedure, 1973, or through constitutional powers under Articles 72 and 161. The Court clarified that the note under paragraph 631 of the Punjab Jail Manual has statutory force, while paragraph 516-B is merely an executive instruction and does not have the same character. The Court allowed the appeals by the State Government, emphasizing that remission schemes are intended to maintain prison discipline and should not undermine judicial sentences.