Supreme Court of India · 1991-07-10
ASHOK KUMAR vs UNION OF INDIA .
- Citation / case number
- SC 1989/72005
- Court
- Supreme Court of India
- Petitioner
- ASHOK KUMAR
- Respondent
- UNION OF INDIA .
- Author
- A.M. AHMADI
- Bench
- A.M. AHMADI
Judgment text excerpt
The Supreme Court upheld the constitutional validity of Section 433A of the Code of Criminal Procedure, 1973, stating that it does not infringe upon the clemency powers under Articles 72 and 161 of the Constitution. The Court clarified that the insertion of Section 433A, which imposes a 14-year embargo on premature release for life convicts, is not colorable legislation and is applicable to all life convicts. The petitioner's arguments regarding the precedence of the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 over Section 433A were dismissed, affirming that the statutory provisions must be adhered to as per the legislative intent.